Advertising Standards Authority releases latest Complaints Bulletin
- 16 advertisements across Online, Social Media, Email and Radio advertising were found to be in breach of the Advertising Standards Authority Code on grounds related to a range of issues including Recognisability, Misleading, Promotional Marketing, Children, Alcoholic Drinks and Decency and Propriety
The Advertising Standards Authority’s independent Complaints Council has released its latest Complaints Bulletin which contains 20 case reports on complaints recently investigated by the organisation.
16 of the 20 cases were upheld in full. Advertisements across Online, Social Media, Email and Radio were found to be in breach of the Advertising Standards Authority Code on grounds related to Recognisability, Misleading, Promotional Marketing, Children, Alcoholic Drinks and Decency and Propriety. The Advertising Standards Authority chose not to uphold four complaints.
The Complaints Council is a completely independent arm of the Advertising Standards Authority 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 Council is made up of a range of experts from the advertising, media, education, consumer, and marketing sectors. See further details here – https://adstandards.ie/about-us/
Commenting on the latest Advertising Standards Authority rulings, Orla Twomey, Chief Executive of the Advertising Standards Authority, stated: “The primary mission of the Advertising Standards Authority is to protect consumers from advertising that is harmful, offensive, or misleading. Our recent complaints bulletin emphasises our essential role in ensuring that advertising in Ireland is honest, decent, truthful, and compliant with the Code of Standards.
We are deeply committed to fostering accountability and compliance in the Irish advertising sector. This includes not only removing advertisements that are breach the Code, but also proactively educating both brands and consumers on advertising standards. By doing so, we aim to build and maintain trust in the advertising sector.
To assist advertisers, we offer a free and confidential copy advice service, guiding them in creating responsible and compliant advertisements. This service provides invaluable guidance for advertisers and agencies who may have questions or concerns about the compliance of their marketing communications. We encourage anyone in the industry to take advantage of this resource to ensure their advertising is both responsible and effective.”
Below is a list of 16 advertisements that have been found to be in breach of the Advertising Standards Authority Code:
Advertiser | Medium | Complaint Category | Description | Complaint Status | Section Breached | Link | |
POCO |
Online (Influencer’s Social Media Account)
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Recognisability/ Misleading |
Advertising published on the Influencer’s Instagram account as a story featured some of the products from their own beauty range. One image included the label ‘Own Brand’ and other images included the company tag.
The complainant did not consider that the story images had been identified correctly as advertising material as they did not include the primary identification label #AD.
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Upheld | 3.31, 3.32, 4.1 and 4.4 | https://adstandards.ie/complaint/health-beauty-76/ | |
The Self Improvement Project
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Online (Influencer’s Social Media)
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Recognisability/ Misleading
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The advertisement appeared as stories on the influencer’s Instagram account where they promoted their own fitness programme.
The complainant considered the advertising to be misleading as neither of the stories featured a label disclosing that they were advertisements, and that the influencer’s own brand was being promoted.
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Upheld
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3.31, 3.32, 4.1 and 4.4
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https://adstandards.ie/complaint/leisure-40/
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Voduz Hair | Online (Influencer’s Social Media) | Recognisability/ Misleading |
A post appeared on the influencer’s Instagram story that featured the advertisers’ hair oil product ‘Voduz R’Oil’. Above the product, the advertisers’ Instagram handle was tagged in a small font alongside the text ‘BAAd’.
The complainant considered that the use of the text ‘BAAd’ in a small font did not make it immediately clear that the posts were advertisements.
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Upheld | 3.31, 3.32, 4.1 and 4.4 | https://adstandards.ie/complaint/health-beauty-74/ | |
Human Collective | Online (Influencer’s Social Media Account) | Recognisability/ Misleading |
The advertising on the influencer’s Instagram account featured her showcasing leisurewear clothing for the Human Collective brand.
The complainant said the items had not included the label #Ad and they considered the advertising to be misleading as the influencer had not indicated their relationship with the brand.
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Upheld | 3.31, 3.32, 4.1 and 4.4 | https://adstandards.ie/complaint/clothing-13/ | |
Superprof | Online (Company Own Website) | Misleading |
A website offering private tuition for students said: “Your card is only fully debited if {Name of tutor} accepts your request. The first lesson is free.”
The complainant felt the advertising claim that a card would only be fully debited if the selected tutor accepted their request was misleading. They said that when the requested tutor was not available, unsolicited offers from five other tutors were received and the payment card was debited.
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Upheld | 4.1 and 4.4 | https://adstandards.ie/complaint/education-21/
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Cresthaven Ltd. | Online Brochure | Misleading |
The advertisement appeared in a brochure accessible as a pdf online. It stated “Over 20% of heat loss within the home occurs through old or outdated windows and doors, resulting in expensive home heating bills. .. by selecting Camden windows you could reduce your home heating bills by up to 40%.”
The complainant believed the advertisement was misleading due to the claim that over 20% of heat loss in homes occurs through doors and windows. They believed that this figure was exaggerated and therefore the claim that a customer could reduce their hearing bills by 40% was misleading.
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Upheld | 4.1, 4.4, 4.9 and 4.10 | https://adstandards.ie/complaint/household-38/ | |
Vibes&Scribes |
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Misleading |
The advertisement was a promotional email from Vibes & Scribes. The title of the email was: “Win our Wool of the Month Giveaway”. The email included the following wording: “Wool of the Month Part of the signature Cygnet range, Cygnet Aran is available in an array of beautiful shades, perfect for quick kid’s knits, ladies’ knitwear and men’s jumpers.”
The complainant considered the statement in the email advertising “Wool of the Month” as misleading as it was often used to describe products (such as the Cygnet Aran in the complained about advertising which is an acrylic yarn) that were not wool but synthetic yarn.
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Upheld |
4.1, 4.4, 4.9 and 4.10 |
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Airport Driving School | Radio | Misleading |
The radio advertisement was for potential employment with the advertiser and the courses on offer with the school. It began with: – “We have a fantastic opportunity to change the direction of your career”.
The advertisement also stated: – “We need trainee driving instructors for cars, trucks and buses. Full training is provided at a reduced rate, with a finance option available. If driving is your passion, then join our exceptional team and have a career with ultimate job satisfaction.”
The complainant considered the advertisement misleading as they believed it gave the impression it was a recruitment campaign while they considered it was actually a promotion for purchase of driving lessons.
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Upheld | 3.31, 4.01, 4.04, 4.09 and 4.10 | https://adstandards.ie/complaint/education-19/ | |
Irish Buckfast | Print and Online (Advertiser’s own website) | Safety / Misleading / Children |
Print Advertisement: A magazine advertisement featured an image of a child pointing to bees on a beehive, while another image featured bees in the palm of a hand. Both people featured were not wearing protective clothing. The advertisement included the following statements: “Our high quality Buckfast Queens are Bred and selected by our Buckfast Breeding Group” and “Our queens offer more honey per colony. Much better disease & parasite resistance.
Online Advertisement The ‘Aims & Standards’ page of the advertiser’s website featured an image of a man with a mass of bees in his hand and bees on his bare stomach and shoulder.
Issue 1 The complainant believed that the claims that ‘Buckfast queens offer more honey per colony’; that they had ‘better disease and parasite resistance than other breeds’, and the more general claim that Buckfast bees offered “simpler and better Irish beekeeping” as misleading.
Issue 2 The complainant believed that the illustrative pictures used in the advertisements were irresponsible as they suggested that bees could be handled without safety equipment.
|
Issues 1 and 2
Upheld |
Issue 1:
4.1, 4.4, 4.9, 4.10 and 4.33
Issue 2: 3.24 (a) and 7.4 (c) |
https://adstandards.ie/complaint/agriculture-3/ | |
Ogel Beds | Online | Misleading / Price |
The advertisement was a listing on the advertiser’s own website for a ‘Carter Bunk Bed Pack’. The description of the bunk bed said, “Carter is a beautifully designed classic panel bunk bed with Seomra Mattresses”.
The complainant considered the advertisement misleading as it implied that the price of the bunk beds included mattresses. After purchasing the beds, the complainant was asked if they wished to add mattresses to their order, and upon querying the matter, they were told it was a “typo”.
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Upheld | 4.1, 4.4 and 4.22 | https://adstandards.ie/complaint/household-41/ | |
MyVehicle.ie |
Online (Company Own Website) and Third-Party Website |
Misleading / Promotional Marketing |
The sponsored advertisement for Myvehicle.ie on a third-party website referred to the following: “Free VRT AND Nox Calculator”
The complainant said that upon viewing the sponsored advertisement on the third-party website and clicking through to the advertisers’ own website, there was no way of availing of the ‘free’ service advertised without paying €7.50.
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Upheld |
4.1, 4.4, 4.9, 4.10 and 5.22 |
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Beautysavers.ie | Online (Company’s Own Website) | Misleading / Price |
A sponsored advertisement on Instagram said: “Save €42 at beauty savers!”
The complainant considered the advertisement to be misleading as it stated you were saving €42, however, upon clicking on the ‘Shop Now’ button, the product was listed as €42 with an €18 saving from the RRP price of €60.
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Upheld | 4.01, 4.04 and 4.05 | https://adstandards.ie/complaint/health-beauty-75/ | |
Richmond Marketing |
Online (Advertisers’ Socia Media) |
Principles / Alcoholic Drinks |
The advertising was seen on the advertisers’ Instagram and consisted of three posts.
Post 1: Onscreen text stated, “when somebody asks who wants to go get a Four Loko Pink Melon?”. Beneath this, a baby in a nappy was depicted with their hand raised.
Post 3: Onscreen text said, “How I sleep knowing I get to drink Four Loko all weekend”. Beneath this was a photograph of Squidward from ‘Spongebob Squarepants’ in bed asleep with a teddy bear.
Issue 1: The complainant considered it inappropriate to use images depicting children and a cartoon character to promote alcohol.
Issue 2: The complainant considered that the text in the third image, “How I sleep knowing I get to drink Four Loko all weekend”, encouraged irresponsible drinking.
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Issues 1 and 2 Upheld |
Issue 1: 9.07 (a), (b) and (d)
Issue 2: 3.03, 9.1 and 9.8a |
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MJ Roofing and More | Online (Advertisers’ Own Website) | Decency and Propriety |
The advertisement on the homepage of the advertisers’ own website featured an image of a woman dressed in a shirt which was tied at the front to replicate a crop top.
The woman was also wearing mini shorts with a tool belt around her waist, a hardhat on her head and a spirit level on her shoulder.
The complaint considered that the advertisement in question featured an image of a woman dressed in attire that was overtly sexualized.
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Upheld | 3.20 | https://adstandards.ie/complaint/household-39/ | |
Tonybet | Radio | Gambling |
The advertisement was heard on national radio and promoted the advertisers’ new gambling service.
The complainant considered that the advertisement breached section 10.10 of the Code as it did not direct people to a source of information about gambling and gambling responsibly.
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Upheld | 10.10 | https://adstandards.ie/complaint/leisure-39/ | |
Ashfield College | Online (Social Media) | Misleading / Comparisons |
The advertisement appeared as a sponsored post on Facebook and stated “Imagine Having Teachers This Good Every Day – Only At Ashfield College”.
The complainant considered that the advertisement implied that teachers in other educational institutions were inferior in some way. They said this claim was misleading.
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Upheld | 4.01, 4.04, 4.09, 4.10, 4.31, 4.32 and 4.33 | https://adstandards.ie/complaint/education-20/ | |
Four complaints were not upheld by the Advertising Standards Authority
Advertiser | Medium | Complaint Category | Description | Complaint Status | Section Breached | Link |
Colour Wow | Online (Social Media) | Misleading / Health and Beauty |
A paid partnership between Colour Wow and the influencer on Instagram showed the influencer describing Colour Wow’s Money Mist leave-in conditioner spray. The influencer stated that the product was “The perfect mist for my fine hair!”
The complainant considered the advertisement to be misleading on the grounds that the influencer was promoting a hair product, stating it was good for her fine hair, without disclosing that she had hair extensions.
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Not Upheld | N/A | https://adstandards.ie/complaint/health-beauty-73/
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The Irish Horseboard Co-Operative Society | Advertisers’ Own Website | Misleading |
The advertisement was seen on the advertisers’ own website and invited people to become a member of their organisation. One of the reasons listed for joining was a letter of support from them for access to the Department of Agriculture, Food and the Marine (DAFM) Agri-Climate Rural Environment Scheme (ACRES).
The complainant considered the advertisement misleading as they said that only breed societies were eligible to provide such letters of support for the DAFM ACRES.
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Not Upheld | N/A | |
Phone Watch | Radio / YouTube Advertisement | Decency and Propriety |
Both a radio advertisement and YouTube advertisement featured a teacher or instructor character holding a ‘burglar bootcamp’. They were instructing a group on how to effectively burgle houses. A second voiceover stated “Get the alarm that burglars fear the most”.
Two complaints were received.
The complainant against the radio advertisement considered that the accent of the burglar character was offensive as it equated a North Dublin / working class Dublin accent with criminality and perpetuated stereotypes against people with certain accents.
The complaint against the YouTube advertisement claimed that the content of the advertisement was an example of ‘accentism’.
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Not Upheld | N/A | https://adstandards.ie/complaint/household-40/ |
Boylesports | Online (Company Website) | Misleading / Promotional Marketing |
An online advertisement for a promotion at the Cheltenham Festival stated “Cheltenham Festival. NON-RUNNER NO BET. All Championship Races” The footnote at the bottom stated “Applies to all Antepost bets placed on any Championship race at the 2024 Cheltenham Festival”.
The complainant placed a bet on a Cheltenham race called the ‘Champion Bumper’ and when their horse did not run, they tried to avail of the refund as per the advertisement but were advised that the race they bet on was not a championship bet. As the advertisement had stated “all championship races”, and the race they placed the bet on was called the ‘Champion Bumper’, they considered the advertisement was misleading.
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Not Upheld | N/A | https://adstandards.ie/complaint/leisure-41/ |
The Advertising Standards Authority 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 Advertising Standards Authority Monitoring Service monitors compliance with the Complaints Council’s adjudications.
Media are reminded that advertisements found to be in breach of the Code cannot be accepted for publication.
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