Description:
An online menu described a food that it offered for sale as containing fresh berries.
Complaint:
The complainant challenged the accuracy of the claim, noting that the berries were frozen rather than fresh.
Response:
In its response to Council, the advertiser confirmed that the berries were frozen and advised that the claim had been amended on its website.
Decision:
Council appreciated the advertiser’s response and considered it together with the complaint.
Given that the inaccuracy was acknowledged by the advertiser, and that the advertiser confirmed that the ad was amended, Council determined that further debate of the complaint’s merits was not necessary. Council unanimously found a violation of Clause 1(a) of the Code, as the claim regarding the berries was inaccurate, and therefore misleading.
Infraction:
Clause 1(a)
