Advertising Standards Authority for Ireland releases latest Complaints Bulletin
12 advertisements across social media, email, online and print were found to be in breach of the ASAI Code on grounds related to a range of issues including Misleading, Principles, Availability, Substantiation and Food and Non-Alcoholic Beverages
13th October 2022 – The Advertising Standards Authority for Ireland’s (ASAI) independent Complaints Committee has released its latest Complaints Bulletin, which contains 15 case reports on complaints recently investigated by the organisation.
12 of the 15 cases were upheld. Advertisements across email, social media, online and print were found to be in breach of the ASAI Code on grounds related to Misleading, Principles, Availability, Substantiation and Food and Non-Alcoholic Beverages. The ASAI Complaints Committee chose not to uphold complaints made against 3 advertisers.
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 shows the significant part we play in ensuring that advertisements are legal, truthful, decent and honest for all Irish consumers. The ASAI fully investigates all complaints thoroughly to ensure that advertisers in Ireland are adhering to the guidelines.”
“The ASAI also provides a free and confidential copy advice service to the advertising industry to help them create responsible ads that adhere to the advertising code. 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 |
Ryanair | Email Advertising | Misleading |
The complainant considered the advertisement for car hire sent to them via email as misleading. The complainant stated that the prices shown in the email advertisement were significantly less than the prices listed on the actual website. |
Upheld | 4.1 | https://www.asai.ie/complaint/travel-car-rental/ |
The Black Rabbit | Internet (Social Media) | Principles |
The complainant considered the advertisement offensive and degrading to women. |
Upheld | 3.10, 3.17 and 3.20 | https://www.asai.ie/complaint/entertainment-5/ |
Parcel Motel | Company Website | Misleading / Availability |
The complainant stated the website promoted parcel delivery between Ireland and the U.K. The complainant considered the advertisement misleading after they enquired about the service and were told it was no longer available. |
Upheld | 3.10, 4.9, 4.10 and 4.27 | https://www.asai.ie/complaint/business-2/ |
Woodies DIY | In-Store Sales Promotion | Misleading / Substantiation | The complainant considered the advertisement in the store misleading as posters featured above logs stated “sale” when upon enquiring he was told the logs were not included in the sale. | Upheld | 3.10, 4.1, 4.9 and 4.10 | https://www.asai.ie/complaint/household-22/ |
Teach Scoile: The Happy Tummy Co. |
Internet (Advertisers’ Website) |
Food and Non-Alcoholic Beverages |
The complainant stated that various claims listed multiple times throughout the website regarding the 2 Day-Soaked Wholegrain Chia Teff Bread Loaf were misleading as they believed the claims were unsubstantiated and not scientifically proven. They also believed the claims were misleading as the ‘medicinal’ effects of the bread have not been proven in clinical trials. |
Upheld | 8.8 and 8.9 | https://www.asai.ie/complaint/food-beverages-18/ |
Dollard Pizza | Online (Social Media) | Misleading / Substantiation
|
The complainant considered the advertisement misleading as he said that he could not find any substantiation behind the claim ‘Dublin’s Best New York Style Pizza’. |
Upheld | 4.33 | https://www.asai.ie/complaint/leisure-29/ |
Irish Wax Seals |
Online (Company Own Website) |
Misleading |
The complainant purchased a custom-made wax seal from the advertisers as they believed they were an Irish company. The cost of the item was stated in euro, the company URL and email contact were also presented as if they belonged to an Irish company. The complainant stated that the website did not inform customers that the business was in the UK and that items were shipped from there until after their confirmation of purchase. |
Upheld |
4.1 and 4.4 |
https://www.asai.ie/complaint/business/ |
Ivertec | Online (Company Own Website) | Misleading
|
Issue 1: The complainant objected to the advertisement on the basis that the claim “Connecting every rural home” was inaccurate and misleading as the advertisers only operate in Kerry and Cork.
Issue 2: The complainant stated that the claim offering “wireless fibre speed broadband” was misleading. They said that fibre broadband is delivered via cable while the broadband offered by the advertisers was a wireless internet service. They also said that fibre broadband delivered speeds up to 1,000Mbps whereas the wireless broadband offered delivered speeds of maximum 50Mbps. |
Issue 1: Upheld
Issue 2: Upheld |
4.1 and 4.9 | https://www.asai.ie/complaint/telecommunications-broadband-6/ |
Howden Tools and Garage Equipment Ltd |
Leaflet | Misleading |
The complainant considered that the advertisement depicted images of female models in extremely sexualised positions and that this sexualisation of women was derogatory and socially irresponsible. They felt that it promoted harmful gender stereotypes and portrayed women as sexual objects. |
Upheld | 3.17 and 3.20 | https://www.asai.ie/complaint/motoring-48/ |
PhoneWatch |
Online (Social media) |
Scope and Application / General |
The complainant considered the advertisement to be offensive on the grounds that only one gender was being recruited for the role specified through the use of the world “Salesman” on the post. |
Upheld | 3.10 and 3.18 | https://www.asai.ie/complaint/employment-opportunities-4/ |
Randox Laboratories Limited |
Online (Advertisers Own Website) |
Misleading |
There were four complaints received regarding two advertisements.
Ad 1: Complaint 1 The complainant had a PCR test on a Friday evening at 7pm and based on the advertising, considered that they should have received their results by 11pm on Saturday night. The complainant did not receive their results until 4.29am on the Sunday morning and because of the delay in receiving their results, had to arrange a second test with another company at an extra cost. Ad 1: Complaint 2 The complainant considered the advertisement on the website which stated “results would be received by 11.59pm the next day” as misleading, as their test results were not received by 11.59pm the next day which resulted in them missing their flight.
Ad 2: Complaint 1 & 2 Two complainants considered that the name of the test “Next Day PCR Test” and the advertising claim of results being delivered by 11.59pm the next day were misleading, as they were contradicted by the terms and conditions which stated that results would be notified within 48 hours of receipt at laboratory. |
Advert 1: complaints 1&2
Upheld Advert 2: complaints 1&2 Upheld |
4.1, 4.4, 4.9 and 4.10 | https://www.asai.ie/complaint/health-6/ |
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 |
Imagine | Online (Company Own Website) and Leaflet |
Misleading
|
The complainant considered the advertisement misleading as it stated broadband speeds of up to 150Mb.They found after signing up their broadband speed was extremely slow. |
Not Upheld | N/A | https://www.asai.ie/complaint/telecommunications-broadband-5/ |
Bulmers |
Television |
Scope and Application / Alcoholic Drinks |
Issue 1: The complainant considered that the advertisement had featured an activity that was childlike and attractive to children as their eleven-year-old child said they would like to try catching apples. The complainant also considered that the man at in the advertisement looked like a child from the behind.
Issue 2: The complainant considered that the reference to the calorie content of the product implied that it is healthy despite being an alcoholic beverage.
|
Not Upheld | N/A | https://www.asai.ie/complaint/alcohol-29/ |
National Lottery |
Radio / Television / Company Own Website |
Scope and Application / Misleading |
13 complaints were received in relation to three advertisements in the campaign.
Issue 1: The complainants considered there was a lack of substantiation and transparency around the claim “90% of money spent on the national lottery goes back into the community.”
Issue 2: The complainants considered that retailers did not constitute the community, especially larger organisations which are funded by shareholders.
Issue 3: Two complainants contended that the money does not go back into the community but to the Ontario Teachers’ Pension Fund.
|
Issue 1: Not Upheld Issue 2: Not Upheld Issue 3: Not Upheld |
N/A | https://www.asai.ie/complaint/leisure-30/ |
The ASAI chose to uphold one complaint made by an Intra-industry or Interested Party in the following case:
Advertiser | Medium | Complaint Category | Description | Complaint Status | Section Breached | Link |
PhoneWatch |
Online (Third Party Media) |
Principles / Misleading |
The complainant considered the advertisement misleading to consumers as they did not believe the claim “PhoneWatch customers are 4 times safer than any other home security provider according to statistics from the CSO burglary report and PhoneWatch ARC data” could be substantiated. The complainant stated the advertisers own alarm receiving data could not prove their service was safer than others. They also requested evidence from the CSO burglary report. |
Upheld | 3.10, 4.1, 4.4, 4.9, 4.10, 4.32 and 4.33 | https://www.asai.ie/complaint/business-home-security/ |
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.
Follow The Advertising Standards Authority for Ireland on LinkedIn and Twitter @THE_ASAI
For further information, please contact:
Breda Brown / Viv Murphy – Unique Media
Tel: 01 5225200 / 087 6160846 (VM)
Editorial Notes:
The Advertising Standards Authority for Ireland is financed by the advertising industry and committed, in the public interest, to promoting the highest standards of marketing communications that is advertising, promotional marketing, and direct marketing. The objective is to ensure that all commercial marketing communications are ‘legal, decent, honest and truthful’.
Media are required to abide by the Code and not to publish an advertisement or conduct a promotion which contravenes Code rules. The Code covers commercial marketing communications and sales promotions in all media in Ireland including digital (online banners, websites, and social platforms), print, outdoor, radio, TV, leaflets/brochures, and direct marketing.
Further information on advertising self-regulation, the ASAI, and the operation
of the system is available at www.asai.ie
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