My first ASA takedown! Yes Vodacom, retract that ad!

Shake&Bake

Party Liaison
Joined
Jan 19, 2007
Messages
21,259
ASA Ruling here: http://www.asasa.org.za/ResultDetail.aspx?Ruling=5503

Vodacom Opera Mini / P Wiggins & Another / 17031
Ruling of the : ASA Directorate
In the matter between:
Mr Paul Wiggins Mr lloyd Avontuur Complainant(s)/Appellant(s)
Vodacom Service Provider Company (Pty) Ltd Respondent

29 Mar 2011

Consumer complaints were lodged against Vodacom radio commercial promoting its Opera Mini.

The voice-over in the commercial describes the product and at the end of the commercial states “… Connect more, live more, with Opera Mini. Only from Vodacom.”

COMPLAINTS

In essence, the complainants submitted that the commercial gives the impression that the Opera Mini is only exclusive to Vodacom when in fact that is not true. The first complainant submitted that this mobile browser can be downloaded for free from the Opera site (www.opera.com). The commercial is therefore misleading as it gives the impression that the respondent owns or supplies this browser exclusively, which is not true.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaints Clause 4.2.1 of Section II of the Code was taken into consideration.

RESPONSE
Advertising agency Draft FCB, on behalf of the respondent, submitted that it has an exclusive and licensed version of the Opera Mini browser, namely Vodafone Opera Mini. It submitted that whilst radio commercials generally refer to the browser as the Vodafone Opera Mini browser, the claim that the browser is exclusively available from Vodacom unfortunately omits to qualify the browser as the “Vodafone Opera Mini”.

This omission was an as a result of an oversight and it undertakes to correctly refer to its licensed version of the browser in future, and will not use current material in future.

ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.

The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, the undertaking is accepted without considering the merits of the matter.

The respondent submitted that it will amend the commercial to refer to its licensed version of the browser in future advertising. The implication of this is that the commercial will presumably end off with “… Connect more, live more, with the Vodafone Opera Mini. Only from Vodacom.”

This undertaking appears to address the complainant’s concerns as it clarifies that the browser being promoted is the one licensed to the respondent, which goes to the heart of the complainants at hand.

The undertaking is therefore accepted on condition that the commercial complained of is amended within the deadlines stipulated in Clause 15.3 of the Procedural Guide and is not used again in future unless appropriate clarification is made.
I had to hear that ad twice on the radio to be sure what they said.
Opera Mini - only from VC - I think not!

*does the happy dance*
*loves sticking it to the man* :twisted:
Damn - not like that ok?! :erm:
 

Uraeus

Well-Known Member
Joined
May 26, 2010
Messages
270
I agree 100%.

Their advertising is rather questionable, but hey, they're trying to attract more
clients.

VIVA ASA, bring those non complying folks in line!
 
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