Complaint: 17/031

Ateco Group NZ, Television

Details

Complainants
C. Thompson
advertisers
Ateco Group NZ
Year
2017
Media
Television
Product
Vehicles / Transportation
Clauses
Decision
Not Upheld
ASA Links
Website Listing
Decision Document

Document





COMPLAINT NUMBER
17/031
COMPLAINANT
C Thompson
ADVERTISER
Ateco Group NZ
ADVERTISEMENT
Ateco Group NZ, Television
DATE OF MEETING
28 February 2017
OUTCOME
Not Upheld


SUMMARY

The 15-second television advertisement for the Dodge Journey SXT 3.6 automatic focussed
on a finance offer of 0 percent interest and payment in three stages over 24 months. The
advertisement included an image of two people removing a kayak from the back of the
vehicle.

The Complainant was concerned that a double kayak is seen being unloaded from the
vehicle but the Dodge website said the vehicle was 4.9 metres long and the smallest double
kayak the Complainant could find was 4.5 metres so would not fit behind the front seats.

The Complaints Board noted the response from the Advertiser confirming it was a single
kayak with one paddle and the vehicle's front seat could be tilted to accommodate it.

Accordingly, the Complaints Board ruled the complaint was Not Upheld.

[No further action required]

Please note this headnote does not form part of the Decision.




COMPLAINTS BOARD
DECISION

The Chair directed the Complaints Board to consider the advertisement with reference to
Basic Principle 4 and Rule 2 of the Code of Ethics. This required the Complaints Board to
consider whether the advertisement had been prepared with a due sense of social
responsibility to consumers and to society and whether it contained any statement or visual
presentation or created an overall impression which directly or by implication, omission
ambiguity or exaggerated claim was misleading or deceptive, was likely to deceive or
mislead the consumer, made false and misleading representation, abused the trust of the
consumer or exploited their lack of experience or knowledge. (Obvious hyperbole,
identifiable as such, is not considered to be misleading.)

The Complaints Board ruled the complaint was Not Upheld

The Complaint
The Complaints Board first addressed the Complainant's concerns. The Complainant said
the advertisement for the Dodge Journey SXT automatic showed a happy couple unloading



17/031
their double kayak from the back of the vehicle. The Complainant said: "The Dodge website
says this vehicle is 16 feet long (4.9metres), bumper to bumper. The smallest double kayak I
can find is 4.5 metres. So does a) the kayak sit behind the front seats and hang out the back
by about three metres or b) the car has no windscreen and the kayak goes the full length of
the vehicle and only hangs out the back by 40cm?" The Complainant said they initially
thought the advertised Dodge was a vehicle able to comfortably carry a double kayak inside
but realised this was impossible. He felt the advertisement was thus very misleading.

The Advertiser's Response
The Complaints Board then considered the response of the Advertiser, Ateco Group NZ. The
Advertiser said the kayak featured in advertisement for the Dodge Journey SXT 3.6
automatic was a single seater with one paddle. Further, the Dodge Journey front passenger
seat on all model variants in New Zealand tilted forward completely flat allowing storage for
the full length of the cabin. The Advertiser submitted a video to demonstrate this.

The Media's Response
The Complaints Board then turned to the response from the Commercial Approvals Bureau
(CAB) on behalf of the media. The CAB said the original of the Dodge Journey SXT 3.6
commercial being considered by the Complaints Board had played early in May 2016. Since
then there had been several updates, but only in the form of price revisions, requiring minor
graphic and voice over changes. Actual footage had remained the same. The CAB said:
"There is nothing in either the footage nor voice over to suggest the complainant's
assumption that the vehicle could carry a double kayak, other than the fact two people are
shown at the tailgate unloading a kayak."

The Complaints Board Discussion
The Complaints Board said that the kayak may have looked large as it was removed from
the back of the vehicle and observed that the Complainant had assumed it was a double
kayak. The Complaints Board accepted the response from the Advertiser confirming it was a
single kayak with one paddle and that the front seat in the vehicle tilted forward to
accommodate it for transportation.

The Complaints Board agreed the advertisement was not misleading and had been prepared
with the due sense of social responsibility required by the Code of Ethics.

Accordingly, the Complaints Board ruled the complaint was Not Upheld.



DESCRIPTION OF ADVERTISEMENT

The 15-second television advertisement for the Dodge Journey SXT 3.6 automatic focussed
on a finance offer of 0 percent interest and payment in three stages over 24 months. The
voice over said: "For a limited time only the seven-seater Dodge Journey SXT is available
at zero percent interest. Pay one-third now, a third in 12 months and the final third in 24
months and the Dodge Journey SXT 3.6 litre automatic is all yours." Payment requirements
appeared on the screen over images that first showed the vehicle and then cut to two
people removing a kayak from it. Further images of the vehicle followed and the
advertisement ended with a reiteration of payment information.

COMPLAINT FROM C THOMPSON

The advertisement on TV for the Dodge Journey SXT 3.6 automatic shows a happy couple
unloading their double kayak from the back of the vehicle. The Dodge website says this
vehicle is 16 feet long (4.9 metres), bumper to bumper. The smallest double kayak I can find
is 4.5 metres. So does a) the kayak sit behind the front seats and hang out the back by
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17/031
about 3 metres, or b) the car has no windscreen and the kayak goes the full length of the
vehicle and only hangs out the back by 40cm? I feel this is very mis-leading advertising.
Initially I thought the advertised Dodge was a vehicle that could comfortably carry a double-
kayak inside, but when I thought about it I realized this was impossible.

CODE OF ETHICS

Basic Principle 4: All advertisements should be prepared with a due sense of social
responsibility to consumers and to society.

Rule 2 Truthful Presentation: Advertisements should not contain any statement or
visual presentation or create an overall impression which directly or by implication,
omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to
deceive or mislead the consumer, makes false and misleading representation,
abuses the trust of the consumer or exploits his/her lack of experience or knowledge.
(Obvious hyperbole, identifiable as such, is not considered to be misleading).

RESPONSE FROM ADVERTISER: ATECO GROUP NZ

Thank you for forwarding on the complaint, firstly let me say that we never wish to mislead or
offend anyone and we take a lot of care to avoid doing so.

In regards to the complaint above, let me address each point specifically.

? Double Kayak - The kayak featured in our Dodge Journey advert is a single seater
and the advert features one paddle.
? "Front seat tilt and stow" - The Dodge Journey front passenger seat (on all model
variants in NZ) tilts forward completely flat allowing storage for the full length of the
cabin

On the basis of the kayak being a single seater together with the unique Dodge "Front seat
tilt and stow" feature, it is easily possible to stow a kayak inside a Dodge Journey.

In any case the advert has run its course and we don't plan to use it again.
RESPONSE FROM MEDIA: COMMERCIAL APPROVALS BUREAU
The original of this Dodge Journey SXT 3.6 commercial played in early May 2016. Since
then there have been several updates, but only in the form of price revisions, requiring minor
graphic and voice over amendments. The actual footage has remained the same. There
is nothing in either the footage nor voice over to suggest the complainant's assumption that
the vehicle could carry a double kayak, other than the fact two people are shown standing at
the tailgate unloading a kayak.

There seems no reason to uphold this complaint.
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