Download 0268/12 - Advertising Standards Bureau

Case Report
1
2
3
4
5
6
Case Number
Advertiser
Product
Type of Advertisement / media
Date of Determination
DETERMINATION
0268/12
Kellogg (Aust) Pty Ltd
Food and Beverages
Billboard
11/07/2012
Dismissed
ISSUES RAISED
2.1 - Discrimination or Vilification Race
DESCRIPTION OF THE ADVERTISEMENT
The advertisement contains two main elements: a representation of milk being poured on to a
bowl of Kellogg’s Just Right; and an image of the well-known Three Sisters rock formation
in the Blue Mountains of New South Wales, Australia. Alongside the first “Just Right”
image is an arrow and the words “This is Just Right” and alongside the other, the words “and
this is just a few rocks”. The text below both images reads “Another great Aussie
understatement”.
THE COMPLAINT
A sample of comments which the complainant/s made regarding this advertisement included
the following:
As this is an Iconic formation of mountain with significant cultural meaning to the Aboriginal
community of the Blue Mountains and also a major tourist attraction for the Blue Mountains
I find it totally culturally offensive to class The 3 Sisters as just a pile of rock and I feel so
would the Aboriginal Community...
THE ADVERTISER’S RESPONSE
Comments which the advertiser made in response to the complainant/s regarding this
advertisement include the following:
The advertisement complained of has been used in various media including print, digital,
outdoor media and within shopping complexes from 20th May 2012 (all as more particularly
set out in Annex One). We anticipate that this advertisement will be used until 14th July
2012.
In addition to the complaint that forms the object of this Complaint 0268/12, we note that the
complainant had contacted us directly about this advertisement on 20th June 2012. We have
received no further complaints about this advertisement or any others within the series.
General
Prior to addressing the substantive issues, Kellogg would like to confirm its long-standing
support for the ASB and its commitment to uphold the relevant Codes together with its own
internal guidelines.
Substantive Response to Complaint (Including Description)
The advertisement contains two main elements: a representation of milk being poured on to a
bowl of Kellogg’s Just Right; and an image of the well known Three Sisters rock formation in
the Blue Mountains of New South Wales, Australia. Alongside the first “Just Right” image is
an arrow and the words “This is Just Right” and alongside the other, the words “and this is
just a few rocks”. The text below both images reads “Another great Aussie understatement”.
The complaint is made under the AANA Code of Ethics (AANA Code of Ethics).
The substantive complaint appears to be that the advertisement is offensive (culturally and
otherwise) to Indigenous peoples and residents in the Blue Mountains region by virtue of the
reference to the Three Sisters being “just a pile of rock [sic]”.
AANA Code of Ethics
The ANNA Code of Ethics applies to:
“Advertising or Marketing Communications [which] means any material which is published
or broadcast using any Medium or any activity which is undertaken by, or on behalf of an
advertiser or marketer, and: over which the advertiser or marketer has a reasonable degree
of control, and that draws the attention of the public in a manner calculated to promote or
oppose directly or indirectly a product, service, person, organisation or line of conduct”.
We acknowledge that our advertisement is subject to the AANA Code of Ethics, however, we
respectively submit that our advertisement does not contravene any section of the AANA
Code of Ethics for the reasons set out below.
General Comments
This advertisement is one of a series of advertisements in both print, “out of home” and
digital formats.
Conceptually, this campaign plays upon the familiar national trait of understatement.
Kellogg’s intention is to convey that the name of our product “Just Right” is an example of
an understatement (namely its name does not fully convey the characteristics of the product).
To do this, we have placed our product alongside instantly recognisable world-famous
images and have purposefully downplayed some obvious and very apparent attribute or
characteristic about those images so as to illustrate the characteristic traits associated with
understatement.
By way of an example, we use an image of a surfer on an immense wave and use the caption
“and this is just a ripple”. We also use an aerial image of the Great Barrier Reef with the
caption “and this is just a bit of coral”. Other images which form part of the series include
an image of the Twelve Apostles rock formation in Victoria (“and this is just a few rocks”);
and an image of the Grand Canyon (“and this is just a crack in the mud”).
In order to bring the “understatement” theme alive in an instantly meaningful way, we have
for the most part chosen images of iconic wonders of nature. The sole purpose for using
these images is because of their iconic and unique status. Accordingly, in the context of this
campaign, our use of these images is in fact recognition of the greatness or uniqueness of
these iconic landmarks.
In respect of the actual complaint (being that our advertisement denigrates the Three Sisters),
we would respectfully suggest that the complainant has misunderstood the campaign. It is
because of this landmark’s world-famous status and spectacular natural beauty that this
image was used. This is reinforced further in the text “You could call it Totally Awesome.
But that’s not our style” which was used in print executions during the initial four weeks of
the campaign as a means of further elucidating the premise upon which the campaign was
based.
It was never our intention in this campaign to use any image in a way that encourages
ridicule or may cause offence to those living in near proximity. Nor was there any intention
to use an image that may be offensive to any section of our community culturally or otherwise.
Objectively, we believe that our use of the imagery is not such that it is contrary to Prevailing
Community Standards under the AANA Code of Ethics or generally.
Specific Response
For the reasons above, Kellogg does not consider that the advertisement was objectively
offensive to the culture of any section of our community.
For the purposes of accuracy, our advertisement uses the words “and this is just a few
rocks” in respect of the Three Sisters and not “just a pile of rock” as quoted by the
complainant. We would submit that there is a material difference between these two
phrases with the latter having pejorative tones (e.g. “pile of rubbish”).
The purpose of the use of the word “just” in this campaign is not intended to belittle or be
seen to be dismissive, disparaging or disrespectful about the images used but is, as stated
above, meant to illustrate the theme of understatement in a dramatic way. It is also intended
that the word be used to connote the lack of arrogance and the self effacing characteristic
that is also a familiar Australian trait. In addition, there is a further purpose and that is the
play on words with the “just” in our “Just Right” product’s name.
Under the Code of Ethics, Advertising Communications must comply with the requirements
set out in Section 2 which requires the following:
“2.1 Advertising or Marketing Communications shall not portray people or depict material
in a way which discriminates against or vilifies a person or section of the community on
account of race, ethnicity, nationality, gender, age, sexual preference, religion, disability,
mental illness or political belief.
We would submit that our advertisement does not contain any elements that discriminates or
vilifies any group.
2.2 Advertising or marketing communications should not employ sexual appeal in a manner
which is exploitative and degrading of any individual or group of people.
We would submit that our advertisement does not objectify any individuals.
2.3 Advertising or Marketing Communications shall not present or portray violence unless it
is justifiable in the context of the product or service advertised.
We would submit that our advertisement does not contain images of a violent nature.
2.4 Advertising or Marketing Communications shall treat sex, sexuality and nudity with
sensitivity to the relevant audience.
We would submit that our advertisement does not contain elements relating to sex, sexuality
or nudity.
2.5 Advertising or Marketing Communications shall only use language which is appropriate
in the circumstances (including appropriate for the relevant audience and medium). Strong
or obscene language shall be avoided.
We appreciate that the language we use must be appropriate to the relevant audience and
that in the case of outdoor media, this audience will be large and diverse. Having regard to
our prior comments, we would again suggest that the words used (alongside the images)
were appropriate in this context. Kellogg intended its advertisement to be a humorous play
on a common national characteristic. Our intention was always to do so in a way that was
respectful generally to the Australian public and also to any specific person or group who
may see our advertisement. Kellogg is proud of its Australian heritage and the part it plays
in the communities that it touches whether through its customers, employees, suppliers or
other stakeholders.
2.6 Advertising or Marketing Communications shall not depict material contrary to
Prevailing Community Standards on health and safety.”
Prior to embarking on this campaign, Kellogg conducted qualitative consumer testing of the
concept behind this campaign. Kellogg undertakes such testing for a variety of reasons,
including, but not limited to, ensuring that the concept resonates with consumers and conveys
the message that is intended. In campaigns where we use humour, this provides us with
comfort that the material that we are proposing using does not offend against any Prevailing
Community Standards. The testing conducted prior to the launch of this campaign did not
test the execution that is the object of this complaint but did test others including one relating
to the Great Barrier Reef. Participants were drawn from a cross-section of the community
with both males and females between the ages of 35 and 54 represented. The insights coming
out of that testing were positive. In particular, participants reported that they thought the
humour to be appropriate and reflected well the uniquely Australian sense of humour and its
understated, self effacing and deprecating style. No comments were received which
suggested that the tone of the campaign or the use of famous landmarks in the manner we
were proposing was disrespectful or potentially disrespectful.
In addition to this consumer testing, Kellogg also has an internal process for the review of all
externally facing marketing material and such review includes consideration of, among other
things, compliance with the AANA Code of Ethics.
For the reasons stated above, we would submit that our advertisement does not contain
elements which would be contrary to any Prevailing Community Standards in respect of
Health and Safety.
Conclusion
For the reasons stated above the complaint should be dismissed in its entirety.
Kellogg is pleased to have had the opportunity to respond to this complaint and to confirm its
support for the ASB and the codes to which Kellogg is subject.
THE DETERMINATION
The Advertising Standards Board (“Board”) considered whether this advertisement breaches
Section 2 of the Advertiser Code of Ethics (the “Code”).
The Board noted the complainants’ concerns that the advertisement is culturally offensive in
its representation of the Three Sisters rock formation.
The Board viewed the advertisement and noted the advertiser’s response.
The Board considered whether the advertisement was in breach of Section 2.1 of the Code.
Section 2.1 of the Code states: “Advertising or Marketing Communications shall not portray
people or depict material in a way which discriminates against or vilifies a person or section
of the community on account of race, ethnicity, nationality, sex, age, sexual preference,
religion, disability or political belief.”
The Board noted that the advertisement features an image of a bowl of Just Right cereal “This is Just Right”, an image of the Three Sisters rock formation – “This is just a few
rocks” and the text “Another great Aussie understatement.”
The Board noted that advertisement is part of a long standing campaign that draws on the
humorous aspects of making obvious understatements. The Board considered that the use of a
well-known and easily recognizable land mark was an acceptable method to draw the
attention of the audience to the product being advertised.
The Board considered that the use of the text “another great understatement” was actually
reinforcing the respect for, and amazement of, the rock formation and not something which
most members of the community would consider disrespectful or offensive.
The Board determined that the material depicted did not discriminate against or vilify any
person or section of the community on account of race and did not breach Section 2.1 of the
Code.
Given that this advertisement is for a food product, the Board noted the provisions of the
AANA Food and Beverage Advertising and Marketing Communications Code (the Food
Code). The Board considered that the advertisement did not breach the Food Code.
Further finding that the advertisement did not breach the Code on any other grounds, the
Board dismissed the complaint.