Sales & Marketing

21 Dec 2010

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Christmas Crackers

This festive season, we take a look back at the year that was in the exciting world of sales and marketing regulation. We'll look at the funny ads, the dubious complaints, and the humorous advertiser responses that have come out of New Zealand, Australia and the United Kingdom. Merry Christmas!

Advertising's bad boys

Hell Pizza (Hell) are the undisputed devils of the New Zealand advertising industry, and a favourite target of complaints to the Advertising Standards Authority (NZASA).

Hell hold the record for the most complained about ad ever, after they mailed out condoms to promote their Lust Pizza in 2006.

They also had the most complained about ad of 2009, after they erected a billboard advertising their gluten free brownie with the phrase, "at least our brownie won't eat your pet dog." The ad referred to a Tongan man who had recently barbequed his pitbull-terrier in the backyard of his South Auckland home. Obviously, the 62 complaints were upheld.

This year, Hell's adverts have been relatively tame, and the NZASA hasn't upheld any complaints against them. That hasn't stopped people complaining - 11 different ads have raised the ire of complainants this year. Ads featuring zombies, séances, the word "arse", religious references, two-legged-lambs, George W. Bush, and groupies all had complaints lodged with the NZASA.

One complainant objected to a TV ad that illustrated, visually and verbally, a size comparison between Hell's products and those of two competitors. Hell's products being 41.8% bigger. On being asked if he could imagine the difference, a young man named Scotty grows by 41.8%. Scotty confirms that growth by looking down his jeans.

Hell's considered response? "I think it's fair to say that I find this lady objectionable. It is clear that the advertisement is discussing the size of our pizza and the fact that young Scotty looks down his pants has nothing to do with the ad. I would suggest that [the complainant] is looking into this much more than most would ... The strategy is to tell our customers that our pizza is bigger!!! As for what Scotty thinks is bigger well that is between him and [the complainant]."

Yes. These complaints exist...

Figures are not available for 2010 yet, but last year the NZASA fielded 1,339 formal complaints. Some of them were very dubious. In the following complaints, the Chairman found no grounds to proceed. This means the full Complaints Board (ASCB) did not hear the complaints.

Some complainants objected to a Tower Insurance TV ad that showed a young boy laughing and pointing at an embarrassing personalised number plate. The complainants were concerned that the ad could encourage copycat behaviour. One complainant submitted that the ad had a "derogatory effect instead of educating the young as how to behave on pedestrian crossings or [show] respect to motorists." Indeed.

A TV ad for Fantastic rice crackers received a complaint because it featured a Japanese woman speaking in Japanese accompanied by English subtitles. The complainant was of the view that "advertisements broadcast in New Zealand should be done so in English as the majority of New Zealanders are English speaking." The ASCB Chairman disagreed, saying the ad used the device in a "light-hearted manner to draw attention to a rice based snack product" and found that it was "unlikely to cause serious or widespread offence".

From time to time, the NZASA get complaints that stretch the definitions of advertising. A complaint about the Maxx transport website said "the website says times given are approximate, but these times are grossly inaccurate and misleading. I presume the intention of publicising rapid transport times is to increase patronage." They were, of course, referring to a bus timetable. Their bus was late.

Getting all creeped out over nothing

A number of complaints were made about a TV ad for Fresh Up. The ad portrayed a masseuse suffering from an extremely dry mouth causing his lips to stick to his gums, exposing his teeth. This causes the man being massaged to feel uncomfortable. The tagline, "thirst is creepy", then flashes on screen.

Some viewers took a different inference from the ad, and promptly complained to the ASA. Here are a few samples:

• "it makes a joke out of rape and sexual harassment";
• "it implied that the Caucasian male who is administering a massage to an Indian male is in fact sticking something up his backside";
• "the advert infers homosexuality which I find offensive";
• "very suggestive of vulgar activity"; and
• "gives the impression that the man is being sexually violated in some way".

The fact that the client had his lower half covered up, the masseuse is fully clothed, clearly massaging the client's shoulders, and mentions the tenseness in his shoulders, led the ASCB to decide that the ad did not contain the sexual behaviour suggested by the complainants. While the ad was somewhat "creepy", maybe the masseuse just needed a Fresh Up - as thirst is creepy.

Football banter

Following a Uruguayan referee's critical - and controversial - call in a crucial Football World Cup match between Germany and England, a UK optometrist advertised free eye tests for Uruguayans "to avoid anything like this happening again". The only requirement being that they brought in their passport. Instead of taking them up on the offer (as 15 Uruguayan customers did), one Uruguayan complained to the United Kingdom's Advertising Standards Authority (UKASA), as they considered the ad offensive. The optometrists responded and apologised, offering that in future they would extend "such offers to all FIFA registered referees and their assistants." The UKASA ruled that it was mere "football banter", and did not uphold the complaint.

Aussie, Aussie, Aussie! Dismissed, Dismissed, Dismissed!

Statistics show that the Australian Advertising Standards Bureau (AASB) dismisses more complaints than their New Zealand and United Kingdom counterparts.

The most complained about Australian ad of 2010 was an ad for the Advanced Medical Institute, who treat erectile dysfunction. The TV ad features a woman unable to reach the cookie jar on a high shelf in her kitchen. Luckily, her husband is on hand and offers his penis (obscured by a dressing gown) as a step for her to stand on. The 220 complaints were dismissed.

Nando's (the chicken fast food outlet) ran an ad in 2007 featuring a naked pole-dancing mum. The ad went on to become the most complained about Australian ad of the decade. According to the AASB's official description of the ad, the woman thrusts her buttocks towards a man and wiggles as he prepares to place a $20 note in the strap of her g-string.

The 350 complaints were dismissed because, among other reasons, the Board considered:

• "that poledancing was not inconsistent with family values";
• "the advertisement depicted the woman as being strong and empowered";
• the woman "enjoyed her work, enjoyed being 'sexy' and enjoyed time with her family";
• "even when the woman pokes her bottom out, the viewer sees this from the side and there is no actual nudity"; and
• "the woman's breasts were covered (albeit by her hands)".

It is worth noting that this decision came the same month the AASB upheld a complaint against McDonald's. The TV ad featured children getting a ride on a spaceship with aliens. The reason? It might encourage children to accept lifts from strangers. Go figure.

Authors

Peter Stubbs

Partner - Corporate & Commercial

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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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