A recent case presented to the Advertising Regulatory Board (ARB) involved a consumer complaint disputing a Facebook ad by Crazy Plastics. The complaint alleged that consumers were misled regarding the availability of various flavoured lollipops.
"The Complainant is of the opinion that the advertisement is misleading as it stated "Assorted Flavours", but he was informed that his chosen flavours were not part of the promotion," said the ARB.
Ambiguity
Despite the advertiser's non-membership status, the Directorate proceeded to examine the matter. Their ruling found the claim "1KG Assorted Flavours" to be misleading, constituting a violation of Clause 4.2.1 of Section II of the Code.
Crazy Plastics, not a member of the ARB, clarified that the advertisement clearly depicted the four flavours included in the promotion. They argued that there was no intention to mislead consumers.
The crux of the issue lay in the ambiguity introduced by the term "assorted flavours." While the advertisement depicted four flavours, the use of "assorted" implied a broader selection, potentially leading consumers to believe that more flavours were available on special. This ambiguity, as noted by the ARB, had the potential to mislead consumers regarding the scope of the promotion.
Guidance
“The word “assorted” implies that there is a selection, and implies “more than pictured” rather than “limited to what is pictured”. Had the claim read, for example, “1kg selected flavours” or “1kg depicted flavours” or “1kg these flavours” then the consumer would have clearly understood that only the four selected flavours qualified,” said the ARB.
The ruling serves as guidance to the advertiser and other members for future campaigns, emphasising the importance of clarity and transparency in advertising.
