http://www.swanlegal.co.nz Wellington law firm Swan Legal specialises in advertising and media law, trade practices, and IT law. The firm also practices in general commercial law and personal legal services. http://www.johnswan.co.nz/blog.asp <SPAN style="FONT-SIZE: 11px; FONT-FAMILY: verdana"><SPAN style="FONT-SIZE: 11px; FONT-FAMILY: verdana"><SPAN style="FONT-SIZE: 11px; FONT-FAMILY: verdana"><SPAN style="FONT-SIZE: 11px; FONT-FAMILY: verdana"> <P>Complaints Board turning up the heat on advertisers? </P> <P>Advertisers who use the ‘sell the sizzle, not the sausage’ approach – beware.&nbsp; </P> <P>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.</P> <P>A Warehouse Cellars flier advertisement promoted a 12 Pack of Stella Artois. Wording below an image of the product said:</P> <P>The world’s premium<BR>beer from Belgium, a<BR>part of Belgian brewing <BR>history since 1366</P> <P>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. </P> <P>The Board upheld the complaint (Decision 06/148, available at the Complaints Board website. (<BR><A href="http://203.152.114.11/decisions/external/decisions/decisions.htm">http://203.152.114.11/decisions/external/decisions<br>/decisions.htm</A>). </P> <P>The Board agreed with the complainant that the advertisement implied that the product for sale was imported from Belgium. </P> <P>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.&nbsp; 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.</P> <P>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.&nbsp; </P> <P>And when in doubt – a quick legal check is a wise investment! </P></SPAN></SPAN></SPAN></SPAN> http://www.johnswan.co.nz/blog.asp <SPAN style="FONT-SIZE: 11px; FONT-FAMILY: verdana">The Advertising Standards Complaints Board seems also to be losing tolerance for humour that relies on stereotypes, with the potential to offend particular groups… etc.</SPAN>