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* Below are the 20 most recent rulings of the ASA. To find out how to view
all the rulings in the ASA database go to the ad library.
| 1.
Ponds / Johnson & Johnson / 13690
(02 Jul 2009) |
| Johnson & Johnson lodged a competitor complaint against two print advertisements and in-store advertisements for Unilever’s Pond’s product. The print advertisements appeared in the May issues of Real and Cleo magazines.
The print advertisements state, inter alia, “POND’S flawless radiance will give you an even toned skin and reduce dark spots in just seven days”, and, “it promises to even skin tone, reduce blemishes, and instantly brighten your skin after seven days”.
The in-store advertisements state, inter alia, “flawless radiance in just 7 days, reduces dark spots and helps give you flawlessly radiant and even toned skin.”
The complainant submitted, in essence, that the seven day time period claimed for the product to have an effect is too fast and misleading, and it requested substantiation for the claim. |
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| 2.
Herbex Natural / HA Steinman / 13351
(01 Jul 2009) |
Dr Steinman lodged a consumer complaint against a Herbex Internet advertisement that appeared at www.herbexhealth.com on 17 March 2009.
The advertisement contains, inter alia, the wording:
- “Our products are totally natural and contain no harmfull chemicals or additives.”
- “We all know that weight loss cannot occur without sufficient hydration. Enter Slim Herb Aqua, a natural sparkling water from the Franschoek valley,…”
- “Many people prefer to use natural supplements and herbs to lose weight naturally.”
- “…all systems treat the body as a ‘whole’, and they each utilize the energy of herbs to ’work as needed’ in synergy with the natural energy in the body.”
- “Herbs are considered the ‘best’ by some practitioners when they are naturally grown in the wild…”
- “We use the most naturally grown herbs, sourced worldwide and free from all contamination by dangerous chemical products, artificial fertilizers, pesticides and pollution of any kind.”
In essence the complainant is of the opinion that the use of the words “natural” and “naturally” throughout the respondent’s website contravenes the Code, in that it implies sales and efficacy by virtue of the fact that the product is natural. This is not permissible in terms of Clause 18 of Appendix H |
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| 3.
Nisim / LOreal / 12448
(01 Jul 2009) |
In a ruling dated 5 December 2008, the Directorate accepted a voluntary undertaking from the respondent to stop using the following claims in relation to its “deep cleansing” or “scalp cleansing” shampoo and “moisturising” conditioner:
- “Control excessive hair loss within 1 week…GUARANTEED”,
- “Nisim Shampoos and Stimulating Extracts have been clinically proven to safely and effectively neutralize both surface and dermal DHT”,
- “These unique, ultra deep cleansing shampoos have been specifically formulated to maximize a clean and nutrient rich environment for healthy hair growth”,
- “The synergy of both methodologies has culminated with the best hair loss remedy to date”,
- “nisim’s powerful deep cleansing shampoos have been specifically formulated to create a clean, nutrient rich-environment, and effectively removing toxins that can cause splitting, lack of the ability to style and hold color, and in worst case scenarios hair-loss”.
The one leaflet complained of also featured testimonials by a “C. Miller (Toronto, ON)”, a “B. Ingles (Arlington, VA)”, and “Systematic Hair Design (Portland, OR)”.
This undertaking was accepted on condition that the claims were removed with immediate effect within the deadlines stipulated in Clause 15.3 of the Procedural Guide, and not used again in future.
The Directorate also drew the respondent’s attention to the provisions of Clause 15.5 of the Procedural Guide, which requires offending advertising to be removed from any media in which it appears, irrespective of whether or not the complainant identified that particular media. |
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| 4.
Wimpy / F Patel / 13636
(29 Jun 2009) |
| Miss Patel lodged a consumer complaint against a television commercial for Wimpy that was aired on the Series Channel on DSTV during May 2009.
The commercial features a little boy who is greeted by his pet dog in front of their home. The little boy hands his dog a sausage that he has wrapped in a serviette. The dog takes a bite of the sausage and thereafter the little boy has a bite.
The words “Family Filler Breakfast Filled with more than enough” appear on screen as well as “Doggie bag on Request”.
In essence, the complainant submitted that the commercial communicates to children that it is acceptable to eat something after an animal has and that they would emulate the unhygienic behaviour. |
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| 5.
Superbug Automatic Pool Cleaner / Zodiac Pool Care / 13525
(29 Jun 2009) |
| Zodiac Pool Care lodged a competitor complaint against the packaging and Assembly & Instruction Guide for APC Innovations’ Superbug Automatic Pool Cleaner.
The packaging contains, inter alia, the following claims:
• “The way pool cleaners should have been designed”;
• “No toxic metals used in manufacturing process”;
• “Constantly changes the direction of the Superbug cleaning all of the pool”.
The Assembly & Instruction Guide contains the claim, “The most technologically advanced Automatic Pool Cleaner in the world”. It also contains light trace photos of two pools to show how the Superbug works compared to a “Conventional fixed head Pool Cleaner”.
The complainant submitted, in essence, that the claims are unsubstantiated, misleading and disparaging. The complainant also dealt with previous correspondence entered into between the parties.
The complaint will be dealt with in more detail below. |
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