In the original ruling the advertising watchdog ordered that Huggies must withdraw the claims until the claims have been confirmed and verified by an independent, credible expert –Huggies has done so and the watchdog has ruled that it can continue to use the statement.
The new submissions were in light with Clause 4.1 of section II which states that the advertisers shall hold documentary evidence to support all claims that are capable of objective substantiation, and that such evidence shall emanate from, or be evaluated by, an independent and credible expert in the field to which the claims relate.
According to Lillian Mlambo, ASA communications manager, “The directorate has previously accepted Laboratory Solutions as an independent, credible expert in terms of Clause 4.1 of section II and sees no reason to deviate from that acceptance in the matter. The complaint did not raise any objections to the independence, credible or expertise of Laboratory Solutions.
“Given Laboratory Solutions full endorsement, the claim that Huggies Dry Comfort has been ‘substantially upgraded' to give you ‘our best ever dryness' are substantiated within the meaning of Clause 4.1 of section II,” she says.
The ASA recently dismissed a consumer complaint against a Dulux TV commercial promoting different coloured paints that was flighted on M-Net.
The ad depicts different males and females characters bearing names of different Dulux paint colours flirting with each other. The voiceover states, among other things, “…now Forest Lake's been flirting with Treacle Tart, but she's discovered that he is no good in the bedroom and gone off with Brooklyn Nights who is fabulous”.
The complaint submitted that his child is uncomfortable with the idea of a woman leaving one man for another man who is ‘good in bed'.
According to Mlambo, “It is accepted that the commercial contains sexual innuendo… During this scene a woman is shown embracing a man on a bed. This content, however, is sufficiently subtle and contains no gratuitous references or depictions of sex. It is used as a creative depiction of which colours in the respondent's range go well together, and illustrates the payoff line, ‘DULUX We know the colours that go'.
“As such, the content of the commercial is not alluding to sexual conduct in a way that verges indecency or bad taste. Children who watch the Ugly Betty show would not be adversely harmed by this commercial and it can therefore not be regarded as irresponsible advertisings.”
In light of this commercial, the particular context is not in breach of Clause 1.2 of Section I which states that all advertising should be prepared with a sense of responsibility to the consumer or Clause 14 of Section II Advertisements addressed to or likely to influence children should not contain any statement or visual presentation which might result in harming them, mentally, morally, physically or emotionally, says Mlambo.
