Advertising Standards Authority for Ireland releases latest Complaints Bulletin

  • 12 advertisements across radio, television, online, email and outdoor were found to be in breach of the ASAI Code on grounds related to a range of issues including Misleading / Substantiation, Recognisability and Pricing, Health and Beauty and Financial Services

 

The Advertising Standards Authority for Ireland’s (ASAI) independent Complaints Committee has released its latest Complaints Bulletin, which contains 13 case reports on complaints recently investigated by the organisation.

 

12 of the 13 advertisements across radio, television, online, email and outdoor were found to be in breach of the ASAI Code on grounds related to Misleading / Substantiation, Recognisability and Pricing, Health and Beauty and Financial Services. The ASAI Complaints Committee chose not to uphold 1 complaint.

 

The Complaints Committee is a completely independent arm of the ASAI and is responsible for considering and adjudicating on complaints submitted by the public, by an organisation, by a Government Department, or any other person or body. 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 latest complaints bulletin from the ASAI illustrates our ability to ensure that ads in Ireland stick to the advertising rules. The main role of the ASAI, is to ensure that advertisements and marketing communications are legal, truthful, decent, and honest, prepared with a sense of social responsibility to the consumer and society and with proper respect for the principles of fair competition.”

 

“The ASAI provides a free and confidential copy advice service to the advertising industry to help them create responsible ads. If an advertiser, agency, or medium 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 advertisements that have been found to be in breach of the ASAI Code:

 

Advertiser Medium Complaint Category Description Complaint Status Section Breached Link
 

Lifestyle Sports

 

Email Misleading / Promotions  

The complainant stated that they received a promotional email from Lifestyle Sports offering 25% off all orders over €100.

 

They said they selected items to bring the total over the required €100 to avail of the discount. They said they did not receive the discount as advertised. They said on contacting the advertiser they were told the offer was over and that no expiry date was included in the advertisement.

Upheld

 

4.1, 4.4 and 5.15(c).  

 

 

 

 

 

 

 

 

https://www.asai.ie/complaint/sports-wear/

 

The Hut Group (Look Fantastic)

 

 

Online

(Influencer’s own social media)

 

Recognisability / Misleading  

The complainant said the Influencer was advertising the Look Fantastic website and their products in an Instagram story but did not use #AD until the end of the segment.

 

Upheld 3.31, 3.32, 4.1. and 4.4.  

 

https://www.asai.ie/complaint/health-beauty-makeup/

 

Harvey Norman

 

Television Principles / Safety The complainant, a driving instructor, considered that the advertising was promoting a dangerous driving manoeuvre.

 

Upheld 3.24 (a).  

https://www.asai.ie/complaint/retail-9/

 

Volkswagen

 

Radio Misleading / Substantiation / Environmental Claims  

The complainant considered that the claim that the cars were ‘carbon neutral’ was misleading as they did not consider that electric cars were carbon neutral either during their manufacturing process or when they were being charged using electricity that was generated by fossil fuels.

 

Upheld 4.1, 4.4 and

15.6.

 

 

 

 

https://www.asai.ie/complaint/motoring-43/

 

Wow Interiors

 

Online (Company’s own website) Misleading / Substantiation / Pricing/Availability  

The complainant considered that the advertising was misleading as, after enquiry, they were informed that the sofa was €2,395 and the footstool was €650.

 

The advertisement was subsequently amended to include the word “Variants” (sic), however the saving claim of €2,350 and a price claim of €650 were still being made.

 

The complainant considered that the description in the advertisement, the advertised price and saving were misleading as there was no reference to the fact that the price was a ‘from’ price and no indication of where the saving of €2,350 was from.

 

Upheld 4.1, 4.4, 4.9, 4.10,

4.22 and 4.26.

 

 

 

 

 

 

https://www.asai.ie/complaint/furniture-2/

 

Toyota

 

Online Misleading / Substantiation / Environmental  

Issue 1:

The complainant questioned how the claim “the car brand voted best for tackling climate change in Ireland” could be made when the advertisers’ hybrid vehicles required fuel unlike battery electric vehicles from other car manufacturers.

 

Issue 2:

The complainant also objected to the fact that no source had been provided for the claim.

 

Upheld 4.1, 4.4 and 15.5.  

 

 

 

 

https://www.asai.ie/complaint/motoring-44/

Toyota Online (Third Party Website) Misleading / Substantiation  

The complainant considered that the claim “never run out of energy” was misleading.

 

The complainant said that the claim meant that a user would never have to refuel the car as the car would be a perpetual motion machine, which they considered was impossible.

 

The complainant also said that the cars were required to be filled with petrol and they considered that all the car’s energy came from petrol, even the recovered energy from regenerative breaking which was only recoverable after petrol had been used to get the car up to speed. They said that it was not possible to recover all the energy as there were losses in any system and driving continuously at any speed would burn petrol and would

not be recovering energy.

 

Upheld 4.1.  

 

 

 

 

 

 

https://www.asai.ie/complaint/motoring-45/

Aer Lingus Online (Company Own Website) Misleading / Substantiation / Promotions  

Issue 1:

A complainant considered that the reference to ‘Guaranteed vouchers’ was misleading as

no reference had been made in the banner, or during the booking process, that terms and

conditions applied. On enquiring about obtaining a voucher for their flight, the

complainant was advised that the voucher had to be applied for 14 days in advance of their flight. In the circumstances, the complainant considered that the reference to ‘Guaranteed vouchers’ without any disclaimer was misleading.

 

Issue 2:

A complainant considered that the banner advertising led consumers to believe that if they

booked a flight that must be changed or cancelled, they had multiple options to recover

the full cost of the flights booked. The complainant applied for a refund after booking

their flight but was advised that the terms and conditions of the ticket they booked did not

include the offer of a full cash refund, but that they could have applied for a refund

voucher, however, they were too late to do so.

Upheld 4.1, 4.4, 5.15 (a)

and 5.16.

 

 

 

 

 

 

 

 

 

 

 

https://www.asai.ie/complaint/travel-holidays-5/

Therapie Clinic  

Online (Social Media – Company’s Own Page)

 

Principles / Health & Beauty The complainant considered the post was promoting a pharmaceutical drug, which should not be promoted. Upheld 3.3, 3.10, and 11.16.  

 

https://www.asai.ie/complaint/health-beauty-60/

 

Apple Ireland Direct Email Misleading / Promotions  

The complainant objected to an offer of free Apple TV+ they received after their purchase of an Apple device. The complainant tried to avail of the offer but noted that they had been invoiced for the Apple TV+ service and on enquiring was advised that as they had already availed of the offer on the purchase of an Apple device in 2020, they could not avail of the offer again.

 

As the offer emails had been sent to the complainant and did not state that the offer could only be availed of once, irrespective of how many devices were purchased, the complainant considered that the direct emails were misleading.

 

Upheld 5.5, 5.15 (a), 5.15 (h) and 5.16.  

 

 

 

 

 

https://www.asai.ie/complaint/computers-3/

Influencer and Affiliate Links Social Media (Influencer’s own page) Recognisability / Misleading  

The complainant considered that the posts were misleading because they did not state that the links were affiliate links.

 

Upheld 3.31.  

 

https://www.asai.ie/complaint/clothing-9/

Floki Inu Outdoor Principles / Financial Services and Products  

Two complaints were received regarding the advertising.

 

Both complainants considered that the product was an investment coin, the value of which could go up or go down. One complainant objected to the advertising on the grounds that it had not included any warning as to the value of the product going up or down.

 

Upheld 13.5  

 

 

 

https://www.asai.ie/complaint/financial-13/

 

The following advertisements were investigated and the ASAI Complaints Committee found that they did not breach the Code on the grounds raised in the complaints.

 

Advertiser Medium Complaint Category Description Complaint Status Section Breached Link
Paddy Power Television  

Principles / Decency and Propriety / Gambling

 

 

Issue 1:

One complainant considered that the advertisement was making gambling seem as if it was a part of normal life and that it was putting humour into gambling, making it seem to be fun.

 

Issue 2:

Several complainants objected to the advertising on the grounds that it was offensive and sexist to men. The complainants objected to the comparison of the man to a racehorse and to the woman throwing a pair of underpants at him which they considered was demeaning and sexist to men.

 

Several complainants also referred to the commentary in the advertisement to the man’s ability to breed and said that if this comment had been made in regard to a woman it would be considered inappropriate and lacking sensitivity.

 

Issue 3:

Several complainants objected to the use of the word “banker” in the advertisement on the grounds that they considered it offensive as it was suggestive and was being used in a derogatory way.

 

One complainant considered that the term was implying that Irish people were stupid and racist, while another considered that it was racist to English people.

 

Not Upheld N/A https://www.asai.ie/complaint/gambling/

 

 

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 percent. The ASAI Monitoring Service monitors compliance with the Complaints Committee’s adjudications.

 

Media are reminded that advertisements found to be in breach of the Code cannot be accepted for publication.

 

www.asai.ie

 

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