- Cool Ideas ISP and Proman were both found to have published misleading advertisements.
- Freshley’s Bakery agreed to review and change its packaging after a competitor raised a complaint.
- The decisions focused on disputed promotions, pricing claims and statements on product packaging.
Recent decisions have warned South African businesses not to make claims they cannot back up with evidence.
Three recent matters before the Advertising Regulatory Board (ARB) involving Freshley’s Bakery, Cool Ideas ISP and Proman all centred on concerns that consumers might be misled by advertising and marketing claims.
Although the products ranged from bread and internet services to health supplements, each complaint focused on whether the claims accurately reflected what was being offered to consumers.
Fibre promotion found to be misleading
Cool Ideas ISP faced a complaint over a Facebook promotion that advertised upgraded fibre speeds at a discounted monthly price.
The advert stated the offer was available until December 2026. However, when a consumer enquired about it, they were told it had only been available until April 2026.
The ARB found that it was reasonable for consumers to believe the promotion was still available. Without any explanation from the company, the Board concluded the advert created a misleading impression and upheld the complaint.
Supplement pricing challenged
Proman faced a complaint about advertising for its Prostate Support capsules. The advert offered consumers three bottles for R649 and mentioned a substantial discount. Later, consumers were told the advertised price had been a mistake.
The ARB found the advert’s wording was clear and that a reasonable consumer would expect to get three bottles for the advertised price. It decided consumers were justified in relying on the offer as presented and found the advert misleading.
Bread packaging reviewed after complaint
Freshley’s Bakery was the subject of a competitor complaint from Foodcorp about claims on its white and brown bread packaging.
Foodcorp challenged the use of the phrase “high in fibre”, arguing that the fibre content on the packaging did not meet the required threshold for such a claim. The complaint also raised concerns about references to artificial colours and flavours, allergen disclosures, nutrient references, fortification labelling, and the use of the phrase “Premium Quality”.
Freshley’s apologised for the issues and said it would review its packaging and advertising materials. The company also promised that future packaging would comply with the relevant requirements.
The ARB accepted this and instructed that the existing packaging be discontinued within three months.
Different products, similar complaints
Although the three cases involved different products and services, each complaint focused on advertising or packaging claims that allegedly created a misleading impression.
Cool Ideas ISP and Proman were found to have published misleading advertisements, while Freshley’s Bakery agreed to change its packaging and advertising after concerns about claims on its products.
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