Advertising Standards Authority for Ireland release latest Complaints Bulletin

• 16 advertisements found to be in breach of the ASAI Code on grounds relating to Misleading Advertising, Principles, Decency and Propriety, Legality and Fear & Distress
  

The Advertising Standards Authority for Ireland’s (ASAI) independent Complaints Committee has released its latest Complaints Bulletin which contains 17 case reports on complaints recently investigated by the ASAI.

16 of the 17 advertisements were found to have been in breach of the ASAI Code on grounds relating to Misleading Advertising, Principles, Decency and Propriety, Legality and Fear & Distress. The advertisements complained of related to the internet, print, SMS, social media, brochure advertising, press advertising, outdoor, print and radio advertising. Three of the upheld advertisements complained about related to complaints from Intra Industry / Interested Parties. The ASAI Complaints Committee also chose not to uphold one consumer 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 – http://www.asai.ie/about-us/complaints-committee.

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

“The first ASAI complaints bulletin for 2017 highlights the ASAI’s broad remit in relation to the number of advertising platforms covered. Social Media, Print, SMS, Online and more, all featured advertisements which have been found in breach of the ASAI Code.

Given the rise in the number of complaints within some sectors, the ASAI has also begun actively engaging with advertisers to promote improved engagement and compliance with the ASAI Code. The ASAI have done this in the past to address emerging trends across various sectors.

The ASAI approach is to work with all advertisers, 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’ compliance with the ASAI’s Code, they can contact us and avail of the free and confidential copy advice service.”

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

 

Company/Organisation	Complaint Category	Further Details
Champions Travel	Misleading (6th Edition)	The Complainant considered the advert to be misleading Complaint Upheld http://www.asai.ie/complaint/travelholidays-9/
PhoneWatch	Misleading (6th Edition)	The Complainant considered the advert to be misleading Complaint Upheld http://www.asai.ie/complaint/household-alarm-system/
eir	Misleading (7th Edition)	The Complaints Committee considered the use of ‘unlimited’ was not in accordance with their previous rulings, was likely to mislead and in breach of sections 4.1 and 4.4 of the Code Complaint Upheld http://www.asai.ie/complaint/telecommunications-48/
Trinity College	Misleading (7th Edition)	The Complaints Committee considered the details of the complaint and the advertiser’s response but considered the advertisement to be in breach of Code Sections 4.1, 4.4, 4.22 and 4.23 Complaint Upheld http://www.asai.ie/complaint/education-5/
Body Beautiful	Misleading (7th Edition)	The Complainant considered the advert to be misleading Complaint Upheld http://www.asai.ie/complaint/health-beauty-12/
Insuremymotorbike.ie	Misleading (7th Edition)	The Complainant considered the advert to be misleading Complaint Upheld http://www.asai.ie/complaint/financial-insurance/
Brown Cow Beauty Boutiques	Misleading (7th Edition)	The Complainant considered the advert to be misleading Complaint Upheld http://www.asai.ie/complaint/health-beauty-13/
Milltown House	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 http://www.asai.ie/complaint/guest-houses/
Reiki South East	Misleading (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 http://www.asai.ie/complaint/health-and-beauty-alternative-therapies-2/

 

eir	Misleading (7th Edition)	The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee considered the advertisement was likely to cause confusion and mislead consumers Complaint Upheld http://www.asai.ie/complaint/telecommunications-49/
MicroMantis LTD Timperpro	Principles (7th Edition)	The Complaints Committee considered the advertisement was in breach of Code sections 3.3 and 3.24 Complaint Upheld http://www.asai.ie/complaint/household-garden-equipment/
Irish Cancer Society	Fear and Distress (7th Edition)	The Complaints Committee considered the advertisement to be in breach of sections 3.3, 3.20 and 3.23 of the ASAI Code Complaint Upheld in part http://www.asai.ie/complaint/non-commercial-charities-fundraising/
Trackmatic	Legality/Decency and Propriety (6th Edition)	The Complaints Committee considered the advertisement was in breach of Code sections 3.15(a) and 3.16 Complaint Upheld http://www.asai.ie/complaint/motoring-17/

 

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

 

Company/Organisation		Complaint Category	Further Details
Irish Distillers Pernod Ricard		Recognisability (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 http://www.asai.ie/complaint/alcohol-19/
Meteor		Misleading (7th Edition)	The Complaints Committee considered the advertising to be misleading Complaint Upheld http://www.asai.ie/complaint/telecommunications-50/
Lidl	Misleading (7th Edition)			The Complainant considered the advert to be misleading based on the use of the word ‘fresh’ Complaint Upheld http://www.asai.ie/complaint/food-beverages-9/

 

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

 

Company/Organisation	Complaint Category	Further Details
IEDR	Misleading (7th Edition)	Complaint Not upheld Link: http://www.asai.ie/complaint/business-service-domain-registry/

 

The ASAI’s updated Code of Standards for Advertising and Marketing in Ireland (7^th edition) came into effect on the 1^st 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

 

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