Take that Sister-in-Law.
When MyPE published the story about Woolworths copying Frankies product and placing it on their shelves (after negotiating with Frankies to carry their line) – see: Frankies Fiery Ginger Beer Fury Reveals a Pattern of ‘Stealing’ – my Sister-in-Law, the Big W apologist, came out heavily in favour of Woolworths (she also supported them against me when Woolworths trampled all over the copyright of a video in their rush to make money out of bleeding hearts, see: Did Woolworths ‘Poach’ Poaching Video?.
Well today I can say to the Sister-in-Law, ‘who has been known to burn water’; “In your face sister, Woolworths LOST their case and the Advertising Standards Authority have ordered Woolworths to remove their knock off slogan drinks from their shelves.”
The relevant part of the ASA ruling is as follows:
Accordingly the respondent’s (Woolworths (PTY) LTD) use of the phrase “Good Old Fashioned” is an imitation of the complainant’s (Frankies Olde Soft Drinks CC) “Good Old Fashioned Soft Drinks”. and it is therefore in breach of Clause 9 of Section !!.
Given the above:
- The packaging in it’s current format must be withdrawn;
- The process to withdraw the packaging must be actioned with immediate effect on receipt of this ruling;
- The withdrawal of the packaging must be completed within the deadlines stipulated by Clause 15.3 of the Procedural Guide;
- The packaging may not be used again in its current format in future.
The respondent’s attention is drawn to Clause 15.5 of the Procedural Guide.
The complaint is upheld.
Clause 15.3 of the SA Procedural Guide states:
Where an advertisement is to be withdrawn in terms of a ruling, the advertisement shall be withdrawn as soon as possible, but no later than as set out below:
- Newspapers – immediately as deadlines permit
- Radio – immediately as deadlines permit
- Television – immediately as deadlines permit
- Magazines – immediately as deadlines permit
- Outdoor – two weeks or as determined otherwise by the ASA
- Pamphlets, posters and leaflets – as determined by the ASA
- Packaging – three months or as determined otherwise by the ASA.
- Internet – two weeks or as determined otherwise by the ASA.
Clause 15.5 of the SA Procedural Guide states:
- Offending advertising is to be withdrawn from every medium in which it appears, notwithstanding that the complaint did not specifically refer to that particular medium.
Editor’s Notes: So does that mean that Woolworths has to also remove the offending images from every Social Media account, web site, image gallery and search engine index as well?
Twitteractions:
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Alan Straton
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So glad that WW has not been allowed to bulldoze yet another “small” player. It is about time WW started acting with a corporate conscience – they love to advertise how community orientated they are and how they care for the environment – but their high handed tactics once again prove that they believe they are untouchable, and don’t give a damn about anything but their bottom line. Go Frankies – you get my vote.
I don’t care what anyone says – there is more to this story than we know. I know for a fact that WW is very big on ethics and would never do this without there being more to the story. I still support WW – they rock!
I wonder what the ASA President, Mervyn King SC, would say to you casting aspersions on his judgement?
Big business have no ethics – they find it more profitable to spend millions on telling us how honest they are.
Hmm – it sounds like aunty could be benefitting from a few backhanders from the powers that be at WW.
WW may be unethical and morally corrupt BUT I don’t think that that extends to backhanding women!