Advertising Standards Authority for Ireland release latest Complaints Bulletin

  • Five advertisements found to be in breach of the ASAI Code on grounds relating to Misleading Advertising and Health Beauty claims.

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

Five of the eight advertisements were found to have been in breach of the ASAI Code on grounds relating to Misleading Advertising and Health and Beauty Claims. The advertisements complained of related to website, internet, radio advertising, Snapchat and online search engine. The ASAI Complaints Committee also chose not to uphold two complaints.

The ASAI has also issued a statement on one case, which advised advertisers to take note of their concerns in any future advertising campaign.

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:

“This latest ASAI complaints bulletin features a range of advertisements found in breach of our code. The bulletin follows the recent introducing of guidelines by the ASAI for the ‘Recognisability of Marketing Communications’ in Ireland.  

As influencer marketing becomes more prevalent, ASAI is emphasizing to advertisers that primary responsibility for the recognisability of marketing communications rests with the advertiser or brand. ASAI is also however, reminding all parties involved that they have a duty of responsibility to be legal, decent, honest and truthful with consumers at all times.  

The ASAI 2016 Annual Report highlighted a 98% compliancy rate with all ASAI rulings, underpinning the effectiveness of self-regulation in Ireland and illustrating the commitment of Irish advertisers to the work being carried out by ASAI in our bid to protect consumers and ensure the highest standards of advertising and marketing communications, which we are commited to promoting.  

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
 

Volkswagen 

 

Misleading

(7th Edition)

 

The Complainants Committee considered the advert was likely to mislead by exaggeration

Complaint Upheld

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

 

 

Mercedes Benz

 

Misleading

(7th Edition)

 

The complainant considered the advert to be misleading

Complaint Upheld

http://www.asai.ie/complaint/motoring-19/

 

 

Bucas

 

Misleading

(7th Edition)

 

The complainant considered the advert to be misleading

Complaint Upheld

http://www.asai.ie/complaint/agriculture-horse-industry/

 

 

Almond Homeopathy

 

Health & Beauty

(7th Edition)

 

The complainant considered the advertiser not suitably qualified to treat the conditions

Complaint Upheld

http://www.asai.ie/complaint/health-beauty-16/

 

 

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

 

Company/Organisation Complaint Category Further Details
 

Trivago  

 

Misleading

(7th Edition)

 

 

The complainant considered the advertisement to be misleading and inaccurate

Complaint Upheld

http://www.asai.ie/complaint/travelholidays-10/

 

The following complaints were investigated and following investigation, the ASAI Complaints Committee did not uphold the complaints.

 

Company/Organisation Complaint Category Further Details
 

Vodafone 

 

Misleading

(7th Edition)

 

 

Complaint Not upheld

http://www.asai.ie/complaint/telecommunications-52/

 

 

Three

 

Misleading

(7th Edition)

 

 

Complaint Not upheld

http://www.asai.ie/complaint/telecommunications-mobile-broadband/

 

 

The following complaints made by consumers were investigated and following investigation, the ASAI Complaints Committee considered that it was more appropriate to deal with the matter by way of a statement.

 

Faces By Grace / Miss Fit Skinny Tea

 

Health & Beauty

(7th Edition)

Statement Issued by ASAI

http://www.asai.ie/complaint/health-beauty-15/

 

 

The ASAI 2016 Annual Report highlighted an increase in the number of advertisers, agencies, media and promoters who sought free, confidential copy advice from the ASAI on whether a proposed marketing communication or sales promotion conformed to the Code. In total, 165 requests for ASAI copy advice were received in 2016 in comparison with 63 in 2015.

The ASAI conducts ongoing monitoring of advertising across all media and since 2007, has examined over 27,000 advertisements, with an overall compliance rate of 98 per cent. 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