Insights

Australia’s Ad Playbook: The Pitfalls that Even Top Brands Can’t Avoid

14 October 2024

By April Thomas and Paige Tasker

In today’s competitive market, advertising is key to a brand’s success. But with great power comes great responsibility. Businesses in Australia must navigate a complex web of advertising regulations set by the Australian Association of National Advertisers (AANA). These codes ensure that ads align with community standards on issues like discrimination, language, safety, and children’s advertising. The cornerstone of this framework is the AANA Code of Ethics, but there are additional codes covering everything from food and beverages to environmental claims.

Even the biggest brands—armed with marketing teams and legal counsel—sometimes fall short of these standards, leading to costly and reputation-damaging consequences. Seneworth has conveniently summarised some recent AANA decisions from the last 6 months. So, let’s dive into these real-world examples where big names breached the rules, and what you can do to learn from their mistakes.

Avoid Stereotypes: Chatime’s “Girl Math” Misstep:
AANA Code of Ethics Standard 2.1 – Discrimination and Vilification

Under Standard 2.1, ads must not discriminate against or vilify individuals based on race, gender, age, or other protected categories. But what seems like harmless fun can cross the line.

Bubble tea giant Chatime learned this the hard way with an email campaign promoting a half-priced tea deal, using the phrase “According to girl math, that’s basically free.” The ad was meant to ride the wave of a popular social media trend but ended up reinforcing negative stereotypes about women and financial literacy. The Ad Standards Panel found this breached the code by perpetuating the harmful trope that women are bad with money.

Takeaway: Think twice before jumping on viral trends—what’s funny online may be offensive in a broader context.

Watch Your Language: Marvel’s Swearing Slip:
AANA Code of Ethics Standard 2.5 – Language

Language matters. Ads must use appropriate language for the audience, and even accidental slip-ups can lead to breaches. Marvel discovered this with a trailer for “Deadpool & Wolverine” which aired during family programming.

During an AFL game on Kayo Sports, a “Deadpool” trailer featuring strong language aired during halftime, reaching families with young children. Although Marvel had requested the ad only be shown to 18+ audiences, the mix-up led to a breach of Standard 2.5.

Takeaway: Always ensure age-inappropriate content is restricted to the right audiences and consider whether swearing is really necessary for your brand message.

No Risky Business: Fat Boy’s Dangerous Stunt Challenge:
AANA Code of Ethics Standard 2.6 – Health and Safety

Standard 2.6 prevents ads from promoting unsafe behaviour that could be imitated, especially by children. Brands need to be cautious when encouraging social media challenges or stunts.

E-bike brand Fat Boy crossed the line with an Instagram ad showcasing a rider performing a wheelie on a public road. The caption invited users to join the “Wheelie Challenge” for a chance to win prizes based on speed and style. The Ad Standards Panel determined this breached the code by promoting dangerous behaviour.

Takeaway:  Be careful with stunts and challenges—if it’s unsafe in real life, it shouldn’t be in your ad either.

Transparency is Key: Guzman y Gomez and Influencer Ads:
AANA Code of Ethics Standard 2.7 – Distinguishing Ads

It’s crucial for consumers to be able to distinguish between organic content and advertising, especially in the influencer space.

Fast-food chain Guzman y Gomez found itself in hot water after an influencer posted about their visit to a GYG store, promoting the brand’s healthy menu. While the influencer tagged the brand, they failed to disclose the post as a paid promotion. This lack of transparency violated Standard 2.7, putting GYG in breach of the advertising code.

Takeaway: When working with influencers, always ensure the audience knows it’s a sponsored post. Transparency isn’t just ethical—it’s required.

Kids Are Off-Limits: McDonald’s Misfires with Minions:
AANA Food and Beverage Advertising Code Standard 3.1 – Marketing to Children

Advertising aimed at children, especially when promoting unhealthy foods, is tightly regulated. McDonald’s learned this during a promotion for “Despicable Me 4”.

In a TV spot, children dressed as Minions were shown playing while the ad promoted themed Happy Meals. McDonald’s argued that the ad was aimed at parents, but the Ad Standards Panel ruled it was directed primarily at children. The ad was quickly pulled, with McDonald’s breaching the rules against marketing “occasional” foods to kids.

Takeaway: When promoting family products, make sure the ad doesn’t inadvertently target children in violation of the strict rules.

Final Thoughts: Avoid Costly Ad Slip-Ups

The Ad Standards Panel is vigilant, and even the most seasoned brands can misstep. To avoid a costly takedown or reputational damage, always double-check your campaigns against AANA codes. Whether you’re working with influencers, hopping on trends, or marketing to families, ensure your ads are not only engaging but also compliant. Learn from these brand blunders and stay on the right side of Australian advertising standards.