DOC

DECISION

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DECISION

     08/138

    DECISION

    Meeting 8 April 2008

Complaint 08/138

     Complainant: C. Turner - GALA

    Advertisement: Super Liquor Holdings Limited

Complaint: The advertisement for “Super Liquor”, published in the Waikato Times

    newspaper, showed a bearded bloke in a sunhat with wording beside him saying:

    Need a

    quick

    refuel?

    Super Liquor

    It’s quicker”

A major heading below said;

WIN! BUY ANY JIM BEAM PRODUCT AND BE IN TO WIN THE BEST

     SEAT IN THE HOUSE WITH JIM BEAM. SEE INSTORE FOR DETAILS

Pictured below was a range of images and messages promoting liquor products

    which included Jim Beam Bourbon, brandy, rum, bourbon and cola, and three

    different types of beer.

Complainant, C. Turner of GALA, said:

“I write to complain about an advertisement for SuperLiquor which appeared in the

    Waikato Times on 5 March 2008.

The advertisement is entirely for products of an alcoholic nature and at the top carries

    the words Need a quick refuel?

    08/138 2

    I believe that these words are intended to suggest that liquor has some kind of benefical property that will make consumers feel better than they did before partaking of some of the advertised products. To feel better is tantamount to experiencing a "..significant or desirable change in mood .." .

    The advertisement thus appears to breach Principle 2, Guideline 2(c) of the liquor advertising code.”

The Chairman ruled that the following provision was relevant:

    Principle 2 Liquor advertisements shall observe a high standard of social responsibility.

Guideline 2(c): While advertisements may depict the consumption of liquor as

    incidental to a friendly and happy social environment, they shall not suggest that liquor will create a significant or desirable change in mood or social environment, or that liquor contributes to or is a reward for success or achievement of any kind.

The Advertiser, Super Liquor Holdings, said:

“I acknowledge receipt of your letter … concerning a complaint received by the

Advertising Standards Authority from C. Turner.

    In the complaint, C. Turner makes reference to the headline 'Need a quick refuel' and states that he believes the words in the advertisement are `intending to suggest that liquor has some kind of beneficial property that will make consumers feel better than they did before partaking of some of the advertising products'.

    Super Liquor and its agency Colenso.99 certainly had no intention in conveying this thought or assumption to consumers. It was caption that was thought up by our agency to connect the advertisement to a Jim Beam Bourbon competition. Super Liquor has been using advertising captions now for over 3 years and we are very conscious of our responsibility in the way we market our brand `Super Liquor' and liquor products to the general public.

    The advertisement (promotional cycle) in the Waikato Times that C. Turner brought to your attention has since finished.

Our Advertising Agency is Colenso.99 and they will respond separately.”

The Agency, Colenso.99, said:

“I am writing to you in response to a recent complaint from C. Turner with regard to a

    Super Liquor ad in the Waikato Times on the 5th of March 2008. Super Liquor is one of our Clients and they have asked me to review the complaint.

    In the complaint, C. Turner makes reference to the headline 'Need a quick refuel' and states that he believes the words in the advertisement are 'intending to suggest the

    08/138 3

    liquor has some kind of beneficial property that will make consumers feel better than they did before partaking of some of the advertised products'.

    Firstly, neither Colenso.99 nor our Client Super Liquor had any intention in doing this in any way. The headline was written to connect the advertisement to an on-pack Jim Beam competition not to infer any "significant or desirable change in mood". As responsible advertisers Colenso.99 and Super Liquor are conscious of ensuring we do not deliberately mislead the public in anyway, ever. We are disappointed to hear that C. Turner feels this way and do not agree with his comments. In addition, the advertisement has run its course and will no longer be used in any other form of advertising.

    Thank you for your correspondence and please let me know if we can assist you in any way possible with regard to this matter in the future.”

The Media, Waikato Times, said:

“We do not agree that Principle 2 Guideline (c) of the Code for Adverting Liquor has

    been breached.

    The headline does not suggest a significant or desirable change in mood or social environment, or that liquor contributes to or is a reward for success or achievement of any kind.”

Deliberation

    The Complaints Board perused the relevant correspondence and the advertisement. It noted that Complainant, C. Turner, was of the view that the phrase “Need a quick refuel” rendered the advertisement in breach of the Code for Advertising Liquor as it

    suggested that liquor had some kind of beneficial property that would make consumers feel better.

    The Chairman directed the Complaints Board to consider the advertisement with reference to the Code for Advertising Liquor, Principle 2 and Guideline 2(c).

    Accordingly, the task before the Complaints Board was to determine whether in its view the advertisement observed a high standard of social responsibility as required by Principle 2 and whether it suggested that liquor will create a significant or desirable change in mood, breaching Guideline 2(c).

    The Complaints Board noted the advice received that the advertisement had run its course and there was no intention to use it again in the future. However, in accordance with its usual procedures, it was required to make a ruling on the complaint and the advertisement concerned.

    It noted the assertions and opinions of the parties involved that they were aware of their obligations with regard to the Code, and furthermore that they were of the view that the phrase subject to complaint complied with the Code and did not carry the implication suggested by C. Turner.

    08/138 4

It also took into account that the wording had “been thought up to connect the

    advertisement to a Jim Beam Bourbon competition”. This it noted was referred to in

    the heading which said:

WIN! BUY ANY JIM BEAN PRODUCT AND BE IN TO WIN THE BEST

    SEE INSTORE FOR DETAILS SEAT IN THE HOUSE WITH JIM BEAM.

The Complaints Board was aware that a motor sport event was taking place in

    Hamilton around the time of publication of the advertisement, and said that the “best

    seat in the house” referred to an excellent seat from which to watch that event.

    Accordingly, the Complaints Board said that in the context of such an event, taking a

    commonsense approach, the wording “Need a quick refuel?”, did not have the

    meaning attributed to it by C. Turner, that is suggesting that liquor will create a

    significant or desirable change in mood. Nor, in the context of the car racing, in the

    Complaints Board‟s view, would a consumer be likely to interpret the wording as suggesting that the consumption of liquor would create a significant change in mood.

Accordingly, the Complaints Board ruled that the advertisement met the high standard

    of social responsibility required by Principle 2 and was not in breach of that Principle.

    It also ruled that, the advertisement was not in breach of Guideline 2 (c).

The Complaints Board ruled to Not Uphold the complaint.

Decision: Complaint Not Upheld

    08/138 5

    DECISION

    Chairman’s Ruling

    5 May 2005

Complaint 08/138

Appeal 08/011

     Complainant/Applicant: C. Turner

     Advertisement: Super Liquor Holdings Ltd

Complaint: The advertisement for “Super Liquor”, published in the Waikato Times

    newspaper, showed a bearded bloke in a sunhat with wording beside him saying:

    Need a

    quick

    refuel?

    Super Liquor

    It’s quicker”

A major heading below said;

WIN! BUY ANY JIM BEAM PRODUCT AND BE IN TO WIN THE BEST

     SEAT IN THE HOUSE WITH JIM BEAM. SEE INSTORE FOR DETAILS

Pictured below was a range of images and messages promoting liquor products

    which included Jim Beam Bourbon, brandy, rum, bourbon and cola, and three

    different types of beer.

    08/138 6

    Complainant, C. Turner of GALA, said: “…The advertisement is entirely for products of an alcoholic nature and at the top carries the words Need a quick refuel?

I believe that these words are intended to suggest that liquor has some kind of

    beneficial property that will make consumers feel better than they did before partaking

    of some of the advertised products. To feel better is tantamount to experiencing a

    "..significant or desirable change in mood .." .

The relevant provision was Principle 2, Guideline 2(c) of the Code for

    Advertising Liquor.

The Complaints Board ruled to Not Uphold the complaint at its meeting on 8 April.

Applicant, C. Turner, said: “I write to appeal against the Board‟s Decision of Not

    Upheld on this complaint. I do so on the grounds that the decision was against the

    weight of evidence and that the rules of natural justice were not followed.

    I also object to the way in which the decision was set out. ….”

The application set out various arguments in support of the appeal.

    The Chairman of the Complaints Board reviewed the application for appeal. Having done so, he was of the view that the appellant justifiably raised issues which

    could be said to support his assertion that the Complaints Board misinterpreted the

    evidence before it by relating the Jim Beam promotion to the main complaint which

    centred on the heading “Need a quick refuel”.

Accordingly, the Chairman ruled that the application for appeal be accepted and the

    matter be referred back to the Complaints Board for consideration.

    Chairman’s Ruling: Application for Appeal Accepted

    08/138 7

    DECISION

    Acting Chairman’s Ruling

    7 July 2008

Complaint 08/138

Appeal 08/011

     Complainant/Applicant: C. Turner

     Advertisement: Super Liquor Holdings

Complaint: The advertisement for “Super Liquor”, published in the Waikato Times

    newspaper, showed a bearded bloke in a sunhat with wording beside him saying:

    Need a

    quick

    refuel?

    Super Liquor

    It’s quicker”

A major heading below said;

WIN! BUY ANY JIM BEAM PRODUCT AND BE IN TO WIN THE BEST

     SEAT IN THE HOUSE WITH JIM BEAM. SEE INSTORE FOR DETAILS

Pictured below was a range of images and messages promoting liquor products

    which included Jim Beam Bourbon, brandy, rum, bourbon and cola, and three

    different types of beer.

Complainant, C. Turner, said:

    08/138 8 The advertisement is entirely for products of an alcoholic nature and at the top carries

    the words Need a quick refuel?

I believe that these words are intended to suggest that liquor has some kind of

    beneficial property that will make consumers feel better than they did before partaking

    of some of the advertised products. To feel better is tantamount to experiencing a

    "..significant or desirable change in mood .." .

The relevant provisions were Principle 2 and Guideline 2(c) of the Code for

    Advertising Liquor.

The Complaints Board ruled to Not Uphold the complaint at its meeting on 8 April.

    Applicant, C. Turner, said: “I write to appeal against the Board‟s Decision of Not Upheld on this complaint. I do so on the grounds that the decision was against the

    weight of evidence and that the rules of natural justice were not followed.

I also object to the way in which the decision was set out. ….”

The application set out various arguments in support of the appeal.

     thThe Chairman of the Complaints Board ruled on 5 May 2008 that the Application

    for Appeal be Accepted and the matter be referred back to the Complaints Board for

    consideration.

Rule 6 Appeal of the Second Schedule “Advertising Standards Complaints Board”

    Complaints Procedures from The Rules of the Advertising Standards Authority Inc..

    included the provision: “The Chairman may at his discretion order a rehearing by the

    Complaints Board but this does not preclude an Appeal from the rehearing.”

The Chairman was of the view that the appellant justifiably raised issues which could

    be said to support his assertion that the Complaints Board misinterpreted the

    evidence before it by relating the Jim Beam promotion to the main complaint which

    centred on the heading “Need a quick refuel”.

The Agency, Colenso 99, also on behalf of Super Liquor Holdings, responded:

I am writing to you in response to a recent Complaint (08/138) and subsequent Appeal th(08/011) with regard to a Super Liquor ad in the Waikato Times on the 5 of March

    2008. Our understanding is the Complainant believes the headline „Need a quick

    refuel‟ is implying to influence consumers into the consumption of some of the

    beverages within the advertisement that will then meet a need to experience “a

    significant change of mood”.

As previously stated Colenso.99 nor our Client Super Liquor were in no way trying to

    infer any “significant or desirable change in mood” with this headline. The headline was

    written to connect the Hamilton V8 Race that was on at the time of the advertisement

    08/138 9 ran, and the Jim Beam promotional competition that was being run through Super

    Liquor stores. We are both disappointed with any suggestion that the headline may be

    misinterpreted by anyone. To ensure there is no confusion in the future from any party,

    the advertisement has been withdrawn (since the initial complaint) and will never be

    used in any other form of advertising.

Thank you for your correspondence and please let me know if we can assist you in any

    way possible with regard to this matter in the future.

The Acting Chairman noted self-regulatory undertaking given by the Advertiser and

    the Agency in relation to the advertisement subject to complaint. Accordingly, she

    said the matter was settled and it would serve no further purpose to place it before the

    Complaints Board.

The Acting Chairman ruled the complaint was Settled.

    Acting Chairman’s Ruling: Complaint Settled

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