Advertising Standards Authority for Ireland release latest Complaints Bulletin

  • ASAI
  • 25 advertisements found to be in breach of the ASAI Code on grounds relating to Misleading Advertising, Decent and Propriety, Health and Beauty and Alcohol Advertising

The Advertising Standards Authority for Ireland’s (ASAI) independent Complaints Committee has released its latest Complaints Bulletin which contains 35 case reports on complaints recently investigated by the ASAI.

25 advertisements were found to have been in breach of the ASAI Code on grounds relating to Misleading Advertising, Decent and Propriety, Health and Beauty and Alcohol Advertising. The advertisements complained of related to the internet, brochure, press, outdoor, social media, print and radio.

Two of the upheld advertisements complained about related to complaints from Intra Industry / Interested Parties while the ASAI Complaints Committee also chose not to uphold five consumer complaints and one intra-industry complaint.  A statement was also issued by the ASAI in relation to one complaint.

The Complaints Committee is a completely independent arm of the ASAI and is responsible for considering and dealing with complaints submitted by the public, by a member of the ASAI, by a Government Department or any other person or body of persons. The Committee is made up of a range of experts from the advertising, media, education, consumer and marketing sectors.  See further details here Рhttp://www.asai.ie/about-us/complaints-committee.

Commenting on the latest ASAI rulings, Orla Twomey, Chief Executive of the ASAI, stated:

‚Äú2016 marked the 35th Anniversary of the ASAI and the latest complaints bulletin reflects the broad remit of the ASAI Code in dealing with complaints across multiple platforms. Earlier this year, the ASAI introduced their updated 7th Edition of the ASAI Code for Marketing and Advertising Standards in Ireland, while separate guidance notes were also introduced recently to help advertisers disclose marketing communications online and to highlight the appropriate use of food terms such as ‚ÄėArtisan‚Äô or ‚ÄėNatural‚Äô.

The ASAI approach is to work with all advertisers, including bloggers and the food industry, rather than against them to ultimately ensure that all marketing communications are truthful, decent and honest. The ASAI provide a free and confidential copy advice service to advertisers, agencies and media members to help them create responsible ads. If an advertiser has any concerns about a marketing communications‚Äô compliance with the ASAI‚Äôs Code, they can contact us and avail of the free and confidential copy advice service.‚ÄĚ

Below is a list of complaints which have been found to be in breach of the ASAI Code:

Company/Organisation Complaint Category Further Details
Eir General Rules

(7th Edition)

The Complaints Committee considered the details of the complaint and expressed their concern at the advertisers’ failure to respond to the complaint

Complaint Upheld

Link:

http://www.asai.ie/complaint/telecommunications-41/

 

 

Therapie General Rules

(7th Edition)

The Complaints Committee considered the details of the complaint and expressed their concern at the advertisers’ failure to respond to the complaint

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/food-beverages-6/

 

Aer Lingus Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/travelholidays-8/

 

 

Permanent TSB Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertiser’s response. The Committee concluded that the advertisement was contradictory and likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/financial-6/

 

 

Steorn Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and expressed their concern at the advertisers’ failure to respond to the complaint

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/telecommunications-42/

 

 

Transdev Misleading

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/travel-5/

 

 

Titanic Belfast Misleading

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/leisure-8/

 

 

Meteor Misleading

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/telecommunications-45/

 

Comans Beverages Misleading

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/alcohol-17/

 

 

DID Electrical Misleading

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertiser’s response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/household-4/

 

 

Lansdowne Hotel Alcohol

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertiser’s response. The Committee considered the advertisement to be in breach of responsible marketing communications for alcohol

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/hotel/

 

 

Chiren Therapy Centre Health and Beauty

(6th Edition)

The Complaints Committee considered the details of the complaint and the advertiser’s response. The Committee considered the claim within the advertisement to be a superlative claim which had not been substantiated

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/health-beauty-alternative-therapies-3/

 

Oisin Healing Centre Health and Beauty

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertising claims about health and beauty products and treatments should be backed by substantiation

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/health-and-beauty-11/

 

Eir General Rules

(7th Edition)

The Complaints Committee considered the details of the complaint and expressed their concern at the advertisers’ failure to respond. The Committee considered the advertisement to be in breach in the absence of a response from the advertisers

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/telecommunications-46/

 

Militac General Rules

(7th Edition)

The Complaints Committee considered the details of the complaints and expressed their concern at the advertisers’ failure to respond to the complaint. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/miscellaneous-flashlights/

 

DJ Sixco General Rules

(7th Edition)

The Complaints Committee considered the details of the complaints and expressed their concern at the advertisers’ failure to respond to the complaint. The Committee deemed this advertisement to lack a sense of responsibility to consumers and society

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/entertainment-2/

 

 

Therapie Clinic General Rules

(7th Edition)

The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement to be misleading

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/food-beverages-7/

 

6th Sense Global Designs Decency and Propriety

(7th Edition)

The Complaints Committee considered the details of the complainant and the advertisers’ response. The Committee concluded the advertisement was in breach of respecting the gender equality of men and women

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/clothing-4/

 

Carphone Warehouse Decency and Propriety

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertising had caused offence.

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/telecommunications-43/

 

Eir Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/telecommunications-44/

 

Mc Cabes Pharmacy Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/health-beauty-11/

 

Hyundai Cars Ireland Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/motoring-15/

 

Pepsico Europe – Walkers Misleading

(7th Edition)

The Complaints Committee considered all complaints and decided to uphold the complaint in part

Complaint Upheld in part

Link:

 

http://www.asai.ie/complaint/food-beverages-8/

 

Audiology Medical Services (AMS) Misleading

(7th Edition)

The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee concluded that the advertisement was likely to mislead

Complaint Upheld

Link:

 

http://www.asai.ie/complaint/hearing-aids/

 

 

The ASAI upheld complaints made by Intra Industry / Interested Parties in the following cases:

 

Company/Organisation Complaint Category Further Details
Saturn Heating Misleading

(6th Edition)

 

The complainants concluded the advertisement was misleading and contrary to best practice

Complaint Upheld

Link:

http://www.asai.ie/complaint/home-heating-2/

 

Irish Life and Independent Newspapers Misleading

(7th Edition)

 

The Committee considered that it was more appropriate to deal with this matter by way of issuing a statement

Statement Issued:

Link:

http://www.asai.ie/complaint/financial-7/

 

 

 

The following complaint was investigated and following investigation, the ASAI Complaints Committee did not uphold the complaint.

 

Company/Organisation Complaint Category Further Details
Bord Na Mona Misleading

(7th Edition)

 

 

Complaint Not upheld

Link:

http://www.asai.ie/complaint/household-5/

 

Yoplait Ireland Misleading

(7th Edition)

 

 

Complaint Not upheld

Link:

http://www.asai.ie/complaint/food-6/

 

 

 

 

 

BMW Misleading

(7th Edition)

 

Complaint Not upheld

Link:

http://www.asai.ie/complaint/motoring-16/

 

SHS Drinks (WKD Blush) Alcohol

(7th Edition)

 

Complaint Not upheld

Link:

http://www.asai.ie/complaint/alcohol-18/

 

Luas Cross City Alcohol

(7th Edition)

 

Complaint Not upheld

Link:

http://www.asai.ie/complaint/travel-6/

 

 

Intra-industry complaints not upheld by the ASAI

 

Company/Organisation Complaint Category Further Details
Lidl Misleading

(7th Edition)

 

Complaint Not Upheld

Link:

http://www.asai.ie/complaint/food-7/

 

 

 

The ASAI’s updated Code of Standards for Advertising and Marketing in Ireland (7th edition) came into effect on the 1st March 2016. The updated Code is the result of a comprehensive review undertaken by the ASAI which involved a significant public consultation process with a wide range of Government departments and agencies; consultations with consumer groups and other NGOs; and consultation with the advertising industry including advertisers, agencies and the media.

The Food Safety Authority for Ireland (FSAI) guidance note which was introduced in November will now complement the ASAI Code in ensuring that certain marketing terms used by food manufacturers, retailers and food service businesses convey clear meanings that are not misleading to consumers.

The guidance outlines the general legal requirements that food businesses must follow when using marketing terms on food and also provides agreed guidance for the food industry concerning the use of specific marketing terms to describe foods placed on the Irish market.

The ASAI Monitoring Service monitors compliance with the Complaints Committee’s adjudications. Media members are reminded that advertisements found to be in breach of the Code cannot be accepted for publication.

 

www.asai.ie

 

Or follow the ASAI on Twitter @THE_ASAI