Results 1 to 7 of 7

Thread: Advertsing authority says NO to best steaks claim

  1. #1
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7

    Advertsing authority says NO to best steaks claim

    A really interesting ruling from the advertising authority.

    General:*Steaks boast gets short shrift from ASAA claim to have the best steaks in Johannesburg’s East Rand has landed a popular restaurant chain in hot water, according to a*Business Day*report. The Advertising Standards Authority has ordered the Boksburg branch of Parrots Restaurant & Coffee Shop to withdraw immediately an advert boasting the best steaks in the East Rand after a customer took the restaurant to task over its ‘false’ advertising. Parrots restaurant franchise manager Marco Benetriou reportedly said the restaurant had done a ‘comprehensive survey’ with its customers about the steaks.*The advertising authority ruled that the advert’s claim would be understood as implying that it was supported by an independent survey,*but the restaurant failed to provide any suitable documentation to verify this.

    Generally things such as best this or lowest prices are seen more as puffing., so this is unique
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  2. #2
    Moderator IanF's Avatar
    Join Date
    Dec 2007
    Location
    Jhb
    Posts
    2,615
    Thanks
    191
    Thanked 520 Times in 398 Posts
    I wonder with things like this if you couldn't have an Ad that says "We are not allowed to say we have the best steaks in the east rand. So we let our customers say this and quote a customer compliment"
    Would that be showing contempt?
    Only stress when you can change the outcome!

  3. #3
    Diamond Member adrianh's Avatar
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    5,089
    Thanks
    336
    Thanked 808 Times in 642 Posts
    Isn't it amazing that the ASA actually wastes time on such nonsense. Next thing an ex-boyfriend will take her ex-girlfriend to the ASA because she says that she had the best sex with her current boyfriend. He would claim that it could be untrue because she may have been drunk at the time and was unable to judge fairly....

    Stoooopid people....
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

  4. #4
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    Well to be fair, the ASA received a complaint and made a ruling, they never went out looking.
    I think the issue is that the advert said, "Best in the East Rand".
    The East Rand is the issue, had they said Best Steaks, that would be puffing.

    I'll try get the judgment, should make for interesting reading.
    My guess is that the complainant owns a steak house or restaurant.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  5. #5
    Platinum Member pmbguy's Avatar
    Join Date
    Apr 2013
    Location
    PMB
    Posts
    2,094
    Thanks
    310
    Thanked 254 Times in 230 Posts
    It would be interesting to hear what the law says regarding grounds to make a claim like “best steak on the eastrand”?

    There should be some sort of assessment requirement one can use to legitimately make such a claim. Who are these assessment bodies etc? How reliable are they generally and legally? (People making counterclaims ect)


    I guess the ad can read “Best steak on the Eastrand, Rated by X”

    TC. X is independent/not independent/stars/grade etc etc. (X must be legitimate)
    It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin

  6. #6
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    Here is the ruling http://www.asasa.org.za/ResultDetail.aspx?Ruling=6763

    Pretty much, the failure to have data that is objective, a survey etc, is what made the advert unsatisfactory
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  7. #7
    Moderator IanF's Avatar
    Join Date
    Dec 2007
    Location
    Jhb
    Posts
    2,615
    Thanks
    191
    Thanked 520 Times in 398 Posts
    It sounds like he was more upset with the doggy bag issue.
    The advertisement contains, inter alia, the wording:


    “Best steaks in the EAST RAND as voted by consumers”

    “No Doggy Bags”
    COMPLAINT

    The complainant submitted, in essence, that the advertisement is making a false claim as there is no indication that any quantitative research of an adequate sample was undertaken.

    The complainant further added that the advertisement also claims “no doggy bags” which is contrary to consumers’ rights of having the freedom to take home what they have not consumed, as they would have paid for an entire meal.
    Only stress when you can change the outcome!

Similar Threads

  1. Section 11a claim
    By QRS in forum Accounting Forum
    Replies: 1
    Last Post: 08-Jul-13, 01:19 PM
  2. Camera claim
    By ians in forum General Chat Forum
    Replies: 27
    Last Post: 13-Nov-12, 07:53 PM
  3. CPA----how does one claim?
    By flaker in forum Consumer Protection Act Forum
    Replies: 6
    Last Post: 21-Jul-12, 10:58 AM
  4. Vat claim on pre vat registration
    By vamily0804 in forum Tax Forum
    Replies: 4
    Last Post: 10-Oct-08, 04:14 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •