Gambling firm loo advert falls foul of the watchdog

What are the odds of falling foul of the advertising watchdog twice in just two months? Ask gambling website TonyBet. The betting firm was featured in the Advertising Standards Authority’s new bulletin, along with VHI and Uber Eats which also came in for criticism. TonyBet came under fire for a YouTube ad featuring a gambler on the toilet with his phone in hand and the tagline: “Only 3% of people can do this. Make money while sitting on the toilet.” A complainant “considered the advertisement was claiming that gambling was easy and was playing down the dangers of gambling”. And “after reviewing the complaint” TonyBet “urgently discontinued non-compliant advertisements with immediate effect”, the report stated. The company blamed “a mobile affiliation partner” which had handled the ad, as well as human error and due to a “high workload, the TonyBet Marketing team missed the material in question”. The company told the ASA it was “fully committed to the compliance with respective rules and regulations in the territory of Ireland and the current advertisement launch was not a deliberate action of the company but a mistake of a third party employee”. The ASA said: “They considered the statement ‘Make money while sitting on the toilet’ had strongly indicated that gambling would be a source of income, and encouraging such a belief could lead to financial harm.” It ordered that the ad “must not reappear in its current form”. A second TonyBet YouTube ad depicted a woman holding a baby with on-screen text saying: “It’s hard to pay my rent and take care of my babies.” The video later shows the woman giving a thumbs up alongside text that said: “But I made $8,500 last month.” One complainant said the ad “targeted vulnerable individuals and perpetuated dangerous stereotypes, potentially encouraging harmful gambling behaviours”. Another complainant “believed the advertisement created the dangerous impression that gambling could resolve personal or financial difficulties, targeting vulnerable individuals, and encouraging harmful gambling behaviour”. The ASA again ordered that the advertisement must not reappear in its current form. TonyBet was contacted for comment but did not respond. Also admonished was VHI over a “misleading” ad for VHI cancer care. The ad, on the company’s own website, said “With you every step of the way. Whether you need help with cancer screening, diagnosis, treatment, or recovery, we’re there. Not just for the big things like hospital treatments, but also the things you may not expect, that help to make your journey easier.” However, the complainant found it misleading as they considered the wording “suggested that all cancer treatments, including their own, would be covered under a plan offered by VHI when they were advised that their particular treatment was not covered by their or any plan offered by VHI”. The ASA upheld the complaint and ordered that the ad “must not reappear in the same format again”. A spokesman for VHI said: “We have addressed the ASA complaint and edited the section on the website.” A complaint over a “misleading” Uber Eats leaflet which said “Try Uber Eats and get 80%* off” and “New customers can enjoy 80%* off their first 3 orders” was also upheld. The complainant considered the ad to be misleading, as they believed the headline claim of ‘80% off’ was contradicted by the terms of the offer, given that savings were capped at €15. A complaint over a “misleading” Uber Eats leaflet which said “Try Uber Eats and get 80%* off” and “New customers can enjoy 80%* off their first 3 orders” was also upheld. The complaint was upheld and the ASA ordered that it “must not reappear in its current form”. Uber Eats was contacted for comment. ASA chief Orla Twomey said: “Our latest complaints bulletin highlights the range of cases we address, demonstrating our ongoing commitment to honesty, transparency and integrity across Ireland’s advertising landscape.”
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