Checkers Sixty60 has been taken to task over its advert claiming to delivery to the West Coast
Image: Screengrab
The South African Advertising Regulatory Board (ARB) has made an important decision about a popular grocery delivery advertisement, stating that its claim of 'anywhere delivery' is misleading.
In a recent decision, the ARB's Directorate examined a complaint filed against Checkers Sixty60's grocery delivery ad under Clause 4.2.1 of Section II of the Code, which strictly forbids advertising that could inflate expectations or mislead consumers through exaggeration or implication.
In the advert, people can be seen relaxing on the deck of a floating house while others are in the water.
In one of the scenes, one of the people orders groceries via the Checkers Sixty60 app. The goods then arrive via helicopter.
As per the advert, "Summer, delivered. Anywhere" and "Somewhere on West Coast" can be seen on screen.
The complainant, who lodged the complaint with the ARB, disputed Checkers Sixty60's claim.
The complainant who lives in St Helena Bay said the delivery service did not deliver to their home and did not offer delivery via helicopter.
While the ARB noted that Checkers Sixty60 was not a member of the ARB, and this matter did not fall under its jurisdiction, it responded to the complainant "in the interests of transparency and to clarify the creative intent behind the advertisement."
In Checkers Sixty60's defense, it said the advertisement forms part of its "Summer Delivered" campaign and intentionally uses visual hyperbole, nostalgia, and creative licence.
"The depiction of a helicopter delivering groceries to a floating house is not intended to represent Sixty60’s actual delivery methods or geographic coverage, but rather to convey the brand’s playful, aspirational tone," Checkers Sixty60 said.
It further stated that "the imagery of a helicopter delivery and the ocean setting serves as a metaphorical storytelling device".
Regarding the phrase "Summer delivered anywhere", the Advertiser submits that this is figurative language designed to evoke the emotional freedom and spontaneity associated with summer, not a literal claim that Sixty60 delivers to all locations along the West Coast or to offshore environments. According to the Advertiser, the phrase "is meant to evoke the emotional essence of freedom and joy...rather than as a comprehensive claim of service availability".
According to the advertiser, a reasonable consumer would not interpret the advertisement as promising helicopter delivery or delivery to remote coastal areas.
"There was no intention to mislead consumers. The advert contains no pricing, operational guarantees or factual claims about delivery coverage," the advertiser said.
In light of these findings, the ARB concluded that the grocery delivery advertisement violates Clause 4.2.1 of Section II of the Code, primarily due to its misleading implications about service coverage.
It found that while the advertiser is not mandated to adhere to the ruling, it signals that the ad may face considerable restrictions across media platforms that comply with the ARB’s guidelines, shaping the landscape for future advertisements and consumer expectations.
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