Complaints Board turning up the heat on advertisers?

Advertisers who use the ‘sell the sizzle, not the sausage’ approach – beware. 

The advertising watchdogs of the Advertising Standards Complaints Board seem to be taking a stricter approach in a number of areas, one being questionable presumptions of consumer awareness.

A Warehouse Cellars flier advertisement promoted a 12 Pack of Stella Artois. Wording below an image of the product said:

The world’s premium
beer from Belgium, a
part of Belgian brewing
history since 1366

After a 25km to The Warehouse to pick up some Belgian Stella Artois, the complainant was disgruntled to find the product was in fact brewed under license in Auckland – and complained.

The Board upheld the complaint (Decision 06/148, available at the Complaints Board website. (
http://203.152.114.11/decisions/external/decisions
/decisions.htm).

The Board agreed with the complainant that the advertisement implied that the product for sale was imported from Belgium.

A minority of the Board was of the view that a consumer might deduce from the context of the advertisement, particularly the price of that product and others listed, that it was in fact locally produced.  However, the majority held that it was likely that it would be interpreted by a consumer in the same manner as the complainant, and that an advertiser should not presume such knowledge on the part of the consumer.

To stay out of trouble, advertisers would be well advised to check that the ‘sizzle’ in their advertising copy is accompanied by a very clear, accurate description of the sausage for sale. 

And when in doubt – a quick legal check is a wise investment!