Advertising Standards Authority Decisions Released

Advertising Standards Authority Decisions Released

The following decisions have been published on the ASA website:

• Complaint 17/210 Appeal 17/017 Fluoride Free NZ, Out of Home: Upheld, in part
• Complaint 17/282 Lumerian Springs, Digital Marketing: Settled – advertisement changed/removed
• Complaint 17/283 Lumerian Springs, Digital Marketing: Settled – advertisement changed/removed
• Complaint 17/347 Exceptional Health Ltd, Digital Marketing: Settled – advertisement changed/removed
• Complaint 17/356 Be Pure Health, Digital Marketing: Settled – advertisement changed/removed
• Complaint 17/359 Unknown, Out of Home: Withdrawn
• Complaint 17/389 Native Healing Herbals, Digital Marketing: Settled – advertisement changed/removed
• Complaint 17/407 Specsavers NZ, Television: No Grounds to Proceed
• Complaint 17/414 NZ Transport Agency, Television: No Grounds to Proceed
• Complaint 17/423 The Church of Jesus Christ of Latter-Day Saints, Television: No Grounds to Proceed
• Complaint 17/391 Trivago New Zealand, Television: No Grounds to Proceed
• Complaint 17/393 New Zealand Racing Board, Digital Marketing, YouTube: Not Upheld
• Complaint 17/394 Greenpeace NZ, Television: No Grounds to Proceed
• Complaint 17/395 The Court Theatre, Poster: Not Upheld
• Complaint 17/396 New Zealand Aids Foundation, Poster: Not Upheld
• Complaint 17/397 Pizza Hutt, Digital Marketing, Television: No Grounds to Proceed
• Complaint 17/400 Hercules Hose, Television: No Grounds to Proceed
• Complaint 17/402 Transpower, Digital Marketing: No Jurisdiction
• Complaint 17/404 Foodstuffs NZ, Radio: No Grounds to Proceed
• Complaint 17/405 Flexi Cards Limited, Television: No Grounds to Proceed

Quick Summaries

Advocacy Group Appealed Board’s Decision on Fluoride Poisoning Advertisement

The Complaints Board ruled the complaint about a Fluoride Free billboard that showed a close up image of teeth and read: “Fluoride poisoning staring you in the face. 41% of NZ children have some form of dental fluorosis according to MoH Oral Health Survey. www.fluoridefree.org.nz” was Upheld, in part. The Advertiser appealed the Decision.

The Appeal Board considered all the matters afresh and agreed the identity of the Advertiser and their position were clear and accepted the image in the billboard was an illustration of damage to teeth. The Appeal Board said the factual statement “41% of NZ children have some form of dental fluorosis according to MoH 2009 Oral Health Survey” based on the Ministry of Health Oral Health Survey results was supported by the information provided by the Advertiser and was unlikely to mislead consumers.

However, the Appeal Board said the statement “Fluoride poisoning staring you in the face”, was misleading as the likely consumer take-out of the word poisoning denoted a serious and severe reaction to the ingestion of fluoride without adequate context. The Appeal Board ruled the reference to poisoning had not been prepared with a due standard of social responsibility and this aspect of the complaint was Upheld.

Accordingly, the Appeal Board ruled the complaint was Upheld, in part

Unsubstantiated Therapeutic Claims Removed

The website advertisement for Exceptional Health promoted an “Aspartame Remover” in the form of oral drops, which it claimed removed the artificial sweetener aspartame from the body.

The Complainant said the advertisement contained unsubstantiated therapeutic claims about the “Aspartame Remover” product. They said the claim that the body cannot remove aspartame seemed unlikely and there is no evidence offered that the product removes aspartame from the body.

The Advertiser took self-regulatory action to amend the advertisement and remove the unsubstantiated claims about the product. The Chair ruled the complaint was Settled.

ENDS

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