Advertising Standards Authority releases latest Complaints Bulletin

Firebird

Radio

Misleading / Environmental

A radio advertisement featured a voice over detailing the story of a boiler breaking and a call being placed to a plumber to fix the heating. The advertisement then claimed “Firebird boilers are environmentally friendly as

they are HVO-ready.”

Four complaints were received against the advertisement.

The complainants objected to the claim that the boiler was “environmentally friendly” on the basis that it could theoretically be fuelled by HVO in the future. The complainants said that although it could be considered to be potentially more efficient and burn less CO2 that other boilers on the market, it still burned oil itself and therefore could not be deemed to be environmentally friendly.

Upheld

4.1, 4.4 and 15.02

https://adstandards.ie/complaint/household-30/

MoveHome.ie

Online (Advertiser’s Own Website)

Misleading

An advertisement for a property for sale within the Glasnevin area of Dublin stated the property was a 28-minute walk from Dublin city centre.

The complainant considered the advertisement to be misleading and objected to the claim that the property was a 28-minute walk to the city centre. Using the Spire to denote the location of Dublin city centre, the complainant said the property was a 50-minute walk from Dublin city centre and 4.1km away from the Spire.

Upheld

4.1, 4.4, 4.9 and 4.10

https://adstandards.ie/complaint/property-14/

An advertisement for a 20% one day only discount code was seen on the advertiser’s own website displaying a pair of branded jeans for sale.

When the complainant added the jeans to their virtual basket and attempted to use the discount code advertised, an error message detailed they needed to add an additional €41 worth of items to their basket to avail of the discount code, as the minimum value to use the code was €140.

The complainant detailed that when accessing the product page on their mobile phone, no information or condition about lowest order value was visible. Furthermore, when the complainant made up the required value in their basket with other items, another error message appeared stating the discount code can only be used on the advertiser’s own products and not branded items.

General Rules / Misleading / Promotional Marketing

The advertisement on the influencer’s Instagram profile promoted a competition between themself the advertisers.

The advertisement featured an image of the influencer sitting on a couch with text explaining the winner of the competition would receive a couch and a €1,000 voucher to spend at the advertisers’ premises.

The text also explained that to partake, competitors had to tag three friends, follow the advertisers’ Instagram account as well as two accounts belonging to the influencer, and share the competition on their own Instagram story. The winner was to be picked the next Wednesday at 7pm.

The complainant believed the advertisement to be misleading as the competition description stated the competitor had to follow the three listed Instagram accounts to enter. However, in a comment underneath the post, the influencer said that competitors only had to follow two accounts to enter. Furthermore, the influencer did not announce the winner on Wednesday evening.

Online (Advertiser’s Own Social Media Account)

The advertiser’s Instagram post invited customers to “Enjoy your cocktail of choice on our beautiful blossoming outdoor terrace with friends and family”.

The complainant said the advertisement had not included a responsibility message to drink alcohol responsibly.

An advertisement was posted on Facebook inviting people to enrol for the next academic year. The advertisement included a number of claims such as “You’ll be guided by Ireland’s best teachers.”

The complainant considered the advertisement misleading as the claim of having “Ireland’s Best Teachers” was unsubstantiated, misleading and couldn’t be quantified.

Outdoor (Poster) and Online (Advertiser’s Own Social Media Account)

A poster advertisement was seen on Dublin Bus and a digital version was seen on the advertiser’s Facebook page.

The advertisement depicted an animated image of Santa Claus at a slot machine in a casino, with large writing in the form of a Christmas wreath stating “Even Santa Stops Here – Tallaght, Dun Laoghaire, Dublin City”. Alongside the brand logo, further text invited consumers to “Play Online” with a link to the advertiser’s website.

Two complaints were received against the advertisement.

The complaints said that featuring a character that was of particular appeal to children could suggest to children that it was permissible for them to gamble because Santa does.

An advertisement on the advertiser’s website in relation to windscreen cover stated: ‘We provide unlimited windscreen cover, where we will pay the cost of replacing or repairing broken or damaged windscreens and windows.”.

The complainant said that the advertisement was misleading as it stated that “unlimited” windscreen cover was being provided. Upon checking their motor policy document, it appeared that the cover would not be provided for any more than two claims.

https://adstandards.ie/complaint/financial-motor-insurance-4

An advertisement for a bundle card appeared on the advertiser’s website and direct mail advertised fibre broadband plans.

Both advertisements featured a series of prices for contracts of 12 and 24 months.

Below both advertisements, it stated that the monthly price of the plans would increase from April of each year in line with the Consumer Price Index, plus an additional 3% increase.

There were two complaints concerning the internet advertisement and one regarding the direct mail advertisement.

The complainants contended that the monthly prices advertised were misleading as they would change in April of each year in line with the CPI, along with an additional 3% increase.

The complainants said it was therefore not possible to pay the quoted price each month for the full 12 or 24 months.

https://adstandards.ie/complaint/broadband/

A radio advertisement featured various offers at Centra, including alcohol, and stated “Enjoy alcohol sensibly”.

The complainant believed that the advertisement was not prepared with a sense of responsibility to consumers as the responsibility message regarding alcohol was said too fast to be understood.

https://adstandards.ie/complaint/retail-convenience-store/

An advertisement on the ‘About Us’ page of the advertiser’s own website claimed that they operated “the most modern fleet of vehicles in Europe”.

The complainant considered the advertisement to be misleading as they said the claim is an unsubstantiated, superlative claim and therefore in breach of the Code.

4.01, 4.04, 4.09, 4.10, 4.32 and 4.33

Forged Irish Stout Distribution

Online (Advertiser’s Own Social Media)

General Rules / Alcoholic Drinks

An advertisement in the form of an Instagram reel featured advertiser’s own social media. It depicted a group of female models wearing two-piece outfits – a crop top and high-leg hotpants – posing around a vehicle drinking pints of Forged Stout. The advertisement also featured a person dressed as a life-sized Forged Stout can.

The complainant said the advertisement contained sexualised content which made a link between alcohol and sexual relations / performance.

Online (Advertiser’s Own Website and Social Media)

On the advertiser’s website under ‘Benefits of our CBD products’, there were several claims including “helps anxiety and depression” and “reduces pain and inflammation”.

The advertiser’s social media featured two posts to promote their CBD products with a number of claims including “maintain a healthy bedtime routine. 7-9 hours sleep each night and a few sprays of our Rest oil will help you to wake up feeling refreshed”  and  “depression and anxiety disorders are common mental health conditions that can have lasting effects on a person’s health, social life, ability to work, and overall well-being. CBD can have a positive interaction with serotonin receptors in the brain”.

The complainant challenged that health claims were made without substantiated evidence in relation to the products.

https://adstandards.ie/complaint/health-beauty-health/

Online (Advertiser’s Own Social Media)

A post and video appeared on the advertiser’s X (Twitter) account for World Milk Day. The post stated Irish dairy is “produced in the traditional way. It’s sustainable, natural and nutritious of course”.

The video in the post featured scenes of agricultural land, a farmer in a field examining grass and dairy products.

The video voiceover repeated the claims made in the social media post.

Four complaints were made against the advertisement.

Issue 1:

The complainants considered the claim around the sustainability of Irish dairy was misleading as there was no evidence-based study to substantiate the claim, and according to the Environmental Protection Agency (EPA), agriculture was Ireland’s biggest polluter.

One complainant said dairy farming accounted for 35% of Ireland’s CHG emissions and was the single largest source of Water Framework Directive (WFD) surface water pressures in Ireland.

Issue 2:

Complainants considered the claim that dairy was produced in a traditional way was misleading as traditional farming methods did not cover large-scale farming in Ireland. They said the advertisement relied on stereotypes of “traditional” farming and misled consumers into thinking farming had few to no detrimental environmental effects.

Issue 1: Upheld

Issue 2:

Not Upheld

https://adstandards.ie/complaint/food-non-alcoholic-beverages-14/

An advertisement for a commercial property appeared on a third party property website detailing the location, rent and size of the unit, alongside a name, phone number, and location map of the property and facilities on site.

The complainant was a business looking for a commercial premises like that advertised, however, when they went to view the premises, they could not locate it. When they contacted their local Chamber of Commerce for assistance, they were informed the advertised property did not exist.

https://adstandards.ie/complaint/property-commercial/

A television advertisement featured a female rugby player speaking about Irish grass and dairy. The advertisement included a number of statements such as “Rich green grass lies at the heart of our naturally nutritious, sustainably produced milk.”

Three complaints were made against the advertisement.

The complainants said it was misleading and  ‘greenwashing’ to claim milk is sustainably produced due to the impact of the dairy industry on the environment. The complainants said that Irish agriculture was the single biggest contributor of greenhouse gas emissions in Ireland and caused the greatest amount of biodiversity loss due to the national herd and the use of synthetic nitrogen fertilisers. They referred to the EU Joint Research Centre’s report from 2010 which stated that Ireland had the fourth highest CO2 emissions in the EU for milk production.

Another complainant said that while dairy production in Ireland may be more sustainable than other countries, it was misleading to say it’s sustainable in Ireland given that the Climate Action Plan requires farming emissions to be reduced by 25%.

https://adstandards.ie/complaint/food-non-alcoholic-beverages-17/

A radio advertisement from UrbanVolt featured a number of statements around solar energy including reference to solar technology being “the most reliable form of clean energy”.

The complainant challenged the claim that solar energy was the “most reliable form of clean energy”, citing the US Department of Energy who stated that solar energy has a lower capacity factor than wind, hydro, geothermal and nuclear, and is therefore not the most reliable form of clean energy, making the claim in the advertisement misleading.

https://adstandards.ie/complaint/household-utilities-5/

The advertisement showcased a house for sale on the advertiser’s website, stating it had three bedrooms and one bathroom.

The complainant considered the advertisement misleading as two of the bedrooms did not meet the criteria to be classified as such, lacking the required two means of escape, such as a door and a window. They also noted that advertisers removed the floorplan from the website so that potential buyers would not see that two of the rooms didn’t have windows until visiting the property.

Finders International

Print (Magazines)

General / Misleading

Advertisements in legal magazines referred to Finders International being “Regulated by the IAPPR – The Probate Research Regulator”.

One complaint was made by an interested party.

The complainant said mention of the IAPPR was misleading to both professionals and consumers as there was no probate research regulator in existence. They claim that the founder of Finders International had set up the IAPPR organisation, and by claiming their own organisation was regulated by them, it gave the impression they were regulated by a separate entity. They said use of this statement implied the advertisers were more reputable than their competitors and therefore, put others at a disadvantage.

The complainant also said they had been asked by their clients who had read the statement if they were also regulated by the IAPPR as they had considered the organisation to be an official regulator.

Upheld

4.1 and 4.4

https://adstandards.ie/complaint/property-commercial-2/

The homepage of the advertiser’s website included a company logo with “Support Dog UK & EU” beside the image.

The page also featured text including “Register with the ONLY Psychiatric Assistance Dog & Support Dogs Registry in the UK and EU”, along with a section on training and registration benefits. On the top of this section, there were more details around the ‘Certified Psychiatric Assistance Dog Training Course’ which stated “195,125 Users Enrolled”.

A complaint was received from an interested party who raised three issues.

Issue 1:

The complainant considered that the logo used on the website was a reimaging of their own logo, and that the name ‘Support Dog UK & EU’ was similar to their own and would cause confusion among consumers.

Issue 2:

The complainant considered the claim “Register with the ONLY Psychiatric Assistance Dog & Support Dogs Registry in the UK and EU” to be misleading as there is no official or legal register of assistance dogs in the UK, and that the Equity Act of 2010 does not require an owner to legally register their dog with any organisation. The complainant also said that the advertisement resulted in members of the public believing they needed to register their dogs.

Issue 3:

The complainant considered the reference to 195,000 users to be misleading as they did not believe the figure could be evidenced.

Issues 1 and 3:

Not Upheld

Issue 2:

Upheld

https://adstandards.ie/complaint/business-service-5/

A radio advertisement stated: “Hyundai is the best-selling electric car brand in January 2023”.

The complainant said that they felt it was misleading for the advertiser to state they were an “electric car brand” as they also manufacture petrol and diesel cars.