- The ARB found the Checkers Sixty60 advert misleading for suggesting delivery anywhere along the West Coast.
- The Directorate ruled that helicopter delivery scenes were clearly fictional and not misleading.
- The complaint was upheld because the advert created a misleading impression of actual service coverage.
A Checkers Sixty60 advertisement has been found to breach the Code of Advertising Practice after the Advertising Regulatory Board (ARB) ruled that its “anywhere” delivery message gives consumers a false impression of how far the service actually reaches along the West Coast.
The complaint stemmed from a TikTok advertisement published by Shoprite Checkers (Pty) Ltd to promote its Sixty60 delivery service. In the video, a floating house sits on turquoise water “somewhere on the West Coast”, where a group of people place a grocery order through the app and have it delivered by helicopter.
A consumer from St Helena Bay lodged a complaint, pointing out that Sixty60 does not, in fact, deliver to the West Coast, and certainly not by helicopter.
Shoprite Checkers pushed back, saying the advertisement is part of its “Summer Delivered” campaign and relies on creative expression. The company described the helicopter and ocean setting as “a metaphorical storytelling device” and argued that the phrase “Summer delivered anywhere” is figurative and intended to evoke a feeling, not make a literal promise about delivery coverage.
ARB proceeds despite jurisdiction challenge by non-member advertiser
Shoprite Checkers also challenged whether the ARB had any authority over it at all, arguing that as a non-member, it falls outside the board’s jurisdiction.
The Directorate clarified its position by pointing to its Memorandum of Incorporation, which makes clear that while the ARB cannot bind non-members, it can still rule on any advertisement, regardless of who published it, for the guidance of its own members.
This position has been confirmed by the Supreme Court of Appeal. The Directorate pressed on and considered the complaint on that basis.
Helicopter delivery depiction found to be fantastical and not misleading
The Directorate assessed whether the advertisement was misleading under Clause 4.2.1 of Section II of the Code.
On the helicopter delivery specifically, the Directorate found the advertisement to be “overtly stylised and fantastical.” It reminded that advertising must be assessed as a whole, and that the benchmark is a reasonable consumer who is “neither hypercritical nor oversensitive.”
The Directorate held that the helicopter depiction was “so far removed from ordinary grocery delivery… that its use in the advertisement is clearly hyperbolic.”
The Directorate also looked at public reaction to the ad, noting that comments largely showed viewers did not take the helicopter delivery at face value. It concluded that the commercial would not lead a reasonable consumer to believe Sixty60 actually delivers groceries by helicopter to offshore locations.
“Anywhere” and West Coast messaging found to mislead
The “anywhere” claim, however, was a different story. The Directorate turned its attention to the phrases “Somewhere on the West Coast” and “Summer delivered. Anywhere.”
Unlike the helicopter, these statements were found to communicate a promise about where Sixty60 delivers. The Directorate found that “the advertisement communicates that any reasonable West Coast destination would be possible.”
The Directorate confirmed that St Helena Bay, the complainant’s area, is not serviced by Sixty60. That gap between what the ad implies and where the service actually reaches was enough to create a misleading impression.
It concluded, “The advertisement is likely to mislead the hypothetical reasonable consumer into believing that the Advertiser offers delivery ‘anywhere’ along the West Coast.”
ARB upholds the complaint and instructs members to pull the ad
The Directorate found the advertisement in breach of Clause 4.2.1 of Section II of the Code, which prohibits advertising that is likely to mislead consumers through ambiguity, exaggeration, or implication.
The complaint was upheld. ARB members were instructed not to accept the advertisement in any form that includes the claims “Somewhere on the West Coast” or “Summer delivered. Anywhere.”
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