Complaints to the Advertising Claims Board
Competitor complaints can be made to the Advertising Standards Bureau for consideration by the Advertising Claims Board.
The objective of the Advertising Claims Board is to provide a system of alternative dispute resolution to address and resolve challenges to advertising that might otherwise lead to litigation. With the complainant bearing the cost, the resolution system is designed to obviate the need for expensive and time-consuming court actions. While primarily designed to resolve disputes between competitors, the system is also available to any person, group or government agency.
Scope
The Advertising Claims Board determines complaints or questions involving truth or accuracy of advertising or whether a particular advertisement breaches the law, with reference to Section 1 of the AANA Advertiser Code of Ethics. It does not pursue trivial issues or complaints involving:
- questions of taste, morality or decency
- advertising that is the subject of litigation, court or government agency order
- unlawful business practices
- highly technical issues
- packaging claims
- issues covered by a specific industry code, or
- advertising which has been withdrawn or discontinued before the challenge.
Advertising Claims Board composition
The work of the Advertising Claims Board is undertaken by panels comprising three lawyers nominated by the Advertising Standards Bureau from those listed in its register of lawyers as qualified in the areas of advertising and trade practices law. Nominations to particular panels are made with regard to the availability of individuals and any conflicts of interest. Complainants are required to indemnify panel members, the Advertising Claims Board and associated bodies against any claims arising out of determinations.
Determinations are reached by a simple majority and are published after resolution.