The Advertising Standards Authority ("ASA") recently handed down a decision where a consumer laid a complaint against a restaurant located in the East Rand.
The restaurant claimed to have the "best steaks in the East Rand as voted by consumers" and, in addition, had a policy where no customer would be allowed to take home a doggy bag.
The consumer lodged a complaint with the ASA stating that the advertisement is misleading.
The restaurant is entitled to respond to the complaint in terms of the procedures of the ASA and thereafter the ASA will adjudicate.
The ASA in its ruling stated the restaurant failed to provide "quantitative research" or a "sample survey" to prove its statement and was therefore ordered to remove the "best steaks in the East Rand" statement.
The doggy bag policy could not be ruled upon by the ASA as it did not have the jurisdiction to do so. The ASA can only rule upon advertising and not on an issue relating to whether a consumer can take home his "left-overs" . Should the consumer wish to pursue the doggy bag policy it would have to approach a civil court.
Moore Attorneys lodges and defends advertising complaints on behalf of its clients, It has recently assisted the likes of ABSA and the PG Group with advertising complaints.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
