Sales & Marketing

13 Dec 2011

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Christmas Crackers

The Christmas season is upon us and it is time to reflect on another year in the sometimes peculiar world of sales and marketing. Here we bring you the advertisements that pushed the boundaries, the bizarre complaints, and the amusing advertiser responses from New Zealand, Australia and the US... Enjoy and have a wonderful Christmas!

Kiwi Feathers Easily Ruffled

Complaints to the New Zealand Advertising Standards Authority (NZASA) continued to roll in this year, keeping new Chairman John McClintock on his toes. While the total complaint statistics figures for 2011 are not yet available, the NZASA has dealt with 1164 complaints concerning 792 advertisements last year.With all this self-regulatory seriousness, we appreciate a little comedic relief and the complaints of 2011 did not fail to deliver. While the following complaints did not proceed on to the full Advertising Standards Complaints Board (ASCB), we felt they deserved a (dishonourable) mention.

Not-So-Happy Holidays

Last Christmas, comedian Rhys Darby failed to amuse when he featured in a 2 Degrees TV advertisement displaying the pitfalls of time travel. The ad showed multiple Darbys stepping out of two successive time travel baubles, one of whom exclaimed "Woah, what a Christmas! I just got this time travel bauble free with my 2 Degrees phone...". The accompanying voice-over informed customers that they could take advantage of the new 2 Degrees '$10 text pack' today, but that the time travel bauble was not available until 2053. One complaint felt that the ad misled consumers because 2 Degrees could not guarantee the future supply of the time-travelling bauble. Another complainant objected to the inaccurate portrayal of time travel for two reasons:

• Darby looked no older after "30 years" of time travelling; and
• the second bauble "would not have materialised in front of the already materialised Darby from the first bauble unless the advertisement was set in parallel worlds which would mean that the time-travelling bauble would have to be capable of space and time travel."

Obviously.

Despite the complainants' concerns, the Chairman recognised that the advertisement was "not meant to be an accurate articulation of the possibilities of time travel".

Continuing with our holiday theme, Briscoes managed to offend with a poorly-executed St Patrick's Day Sale advertisement. The television ad featured a male voice-over with what the complainant described as "a poor interpretation of an Irish accent". The Chairman ruled that the use of an Irish accent (or an interpretation of it), while offensive to the complainant, was light-hearted and unlikely to cause serious or widespread offence. Perhaps Briscoes had hoped the more sensitive members of the community would adhere to Irish tradition and be too full of Guinness to notice.

Advertising Devils

The ASCB also heard its fair share of interesting complaints and amusing advertiser responses. Hell Pizza, a favourite target for conservative consumers, faced the Board again this year. A risqué Hell Pizza television advertisement depicted a male rock star complaining about the trials of his career before walking through a room full of women and announcing "okay ladies, it's feeding time" in reference to two topless males carrying Hell pizza boxes. Onscreen text accompanying the shot read "Feed your slaves". Several complainants felt that the ad sexualized women and suggested women were subservient animals with the sole purpose of satisfying the male character.

Hell began its characteristically unrepentant response by saying, "I read today that John Key is going to ensure just about all people on benefits will have to actively look for work, I am hoping this policy will see people looking for work rather than silly things to complain about." The ASCB declined to uphold the complaints, stating the ad contained "an obvious level of hyperbole and humour" and was unlikely to cause serious or widespread offence.

Double Trouble

DB Breweries' brand Tui is no stranger to the NZASA either. Their iconic "Yeah Right" billboards often put a provocative spin on topical issues and are loved (and loathed) throughout New Zealand. A billboard, exhibited in both Napier and Auckland during June, displayed the words "Double Down, the most pleasure you can get from two breasts" beside the now infamous "Yeah Right" slogan.

Inevitably, the billboard attracted complaints, with one complainant commenting "I do not understand the connection between beer and breasts and what this advertisement means." DB, tongue firmly in cheek, denied such a connection existed and assured the NZASA that the billboard was simply a comment on the dissatisfaction felt by many consumers after trying KFC's Double Down burger.

Clowning Around

Outside the NZASA, the mainstream media has also provided a source of entertaining disputes. Cornflake the Clown received no laughs from magician Alan Watson or his "Brotherhood of Auckland Magicians" when he came up with "Cornflake's Magic World Grand Master of Magic Award" which he presented to Auckland magician, Magic Matt. After Cornflake announced the award on his Facebook page, the Brotherhood asked him to withdraw the award because it was too similar to their own "Grand Master of Magic" gong. The Brotherhood accused Cornflake's award of being "false and misleading" and was considering legal action to stop the "belittling" of magicians.

Rather than resorting to dark magic, the Brotherhood banished the Clown from Brotherhood events and retracted his invitation to spend time at 'The Magic Castle' - a Los Angeles-based clubhouse that promotes the ancient art of magic. However, Cornflake refused to withdraw Magic Matt's award, commenting "we are all clowns, can't we just have a laugh?" Apparently not.

Eat Your Greens

No longer will North American parents struggle to get their kids to eat 5+ a day. The United States House of Representatives has passed legislation which declares pizza to be a vegetable, within children's nutritional guidelines. Frozen pizza will qualify for a federal subsidy because it contains a whopping two tablespoons of tomato paste. Children are not the only ones smiling - 'Big Food' lobbyists also quite content with the decision - a spokesperson for the American Frozen Food Institute said "this agreement improves childhood nutrition by providing school nutritionists with the ability to serve healthy foods kids enjoy." If you say so.

Hot and Steamy

Finally, for those of you looking to add a little extra to your morning routine, beware. Food Standards Australia New Zealand (FSANZ) has warned consumers this year about two novel instant coffee products. Subtly named "Sexpresso" and "Rock Hard", these drinks contain sexual stimulants similar to the drug sildenafil - more commonly known as Viagra. While this may excite many Kiwi blokes (and girls), FSANZ has advised that the risks and side-effects of consumption are unknown. We'll leave it to you to speculate!

We are always here to deal with any complaints you receive, or offer advice on how to try and avoid them in the first place - no matter how ridiculous they may seem. But for now, let's enjoy being away from the office to spend time with family and friends, and remember:

"A lovely thing about Christmas is that it's compulsory, like a thunderstorm, we all go through it together."
- Garrison Keillor

Authors

Peter Stubbs

Partner - Corporate & Commercial

DDI: +64 9 977 5010

Mobile: +64 21 955 230

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Gwendoline Keel

Senior Associate - Corporate & Commercial

DDI: +64 9 977 5201

Mobile: +64 21 242 6639

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Craig Nelson

Senior Associate - Corporate & Commercial

DDI: +64 9 977 5185

Mobile: +64 21 918 309

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