Heart Attacks Diner and OTR found in breach of Ad Standards

Another two advertisements have this month been found by the Ad Standards Community Panel to be in breach of the AANA’s rules.

A complaint regarding a promotion for Heart Attacks Diner raised concerns that advertiser’s use of the term ‘diabetic’ constituted breaches of Section 2.1 Not misleading or deceptive, Section 2.2 Healthy Lifestyle/Excess Consumption and Section 2.3 Health/Nutrition Claims of the AANA’s Food and Beverages Code.

The website advertisement has since been updated to include a disclaimer.

The website advertisement featured an image of a large stacked burger alongside the text: “We are a new franchise Diner that serves up Monster burgers, country fried chicken, heartburn wings, cholesterol dogs, breakfast burgers, loaded fries, shakes, thick shakes, crazy shakes, and diabetic desserts.”

While the Panel found that the advertisement was not designed to be deceptive and did not make a health claim, and thus was not in breach of Section 2.1 or 2.3 of the Food and Beverages Code, it did determine that it promoted “what would reasonably be considered as excess consumption” and as such was in breach of Section 2.2.

In responding to the upheld complaint, Heart Attacks Diner said it had “added a disclaimer to the image to indicate that the product is not intended for regular consumption”.

Another complaint was upheld by the Panel against petrol station and convenience store chain OTR for breaching Section 2.6 Health and Safety of the AANA Code.


The advertisement in question was a television spot that featured a man looking at the OTR app on his phone, and rubbing it to clean the screen. A genie appears in the seat next to him and explains that if he scans the QR code and presses the button in the app he can save on petrol. As the genie clicks his fingers and the man reappears outside of his car, and is shown to win $50 in savings.

The complaint outlined that: “I’m concerned about safety. I was under the impression, mobile phones were unsafe to be used near petrol pumps. There are signs confirming so.”

In response to the complaint, OTR argued that it had not encouraged customers to use their mobile phones on site.

“Our safety signs at OTR sites ask for “No phone use while pumping fuel. The app (Scan, Pump, Save game) reinforces this safety message by prompting people to put the phone away before pumping fuel. The advertisement does not show anyone pumping fuel with the mobile phone active.”

In considering whether the advertisement was in breach of Section 2.6 of the Code, the Panel found that “while community standards are changing on this matter, most members of the community would still consider using their phone outside their vehicle at a petrol station to be unsafe”.

The Panel also noted a preceding case in which it had not upheld a similar complaint on the basis that the protagonist of the advertisement was not seen to be holding a mobile outside the vehicle, while in this case, there is no indication that he puts the phone away prior to using the petrol bowser.

With that in mind, the Panel found the advertisement to be in breach of Section 2.6 of the Code and upheld the complaint.

In its response to the determination, OTR said it had “spent a substantial amount of time considering the safety guidance for mobile phones use” at its sites and that despite no legal obligation to, it did provide guidance on the use of mobile phones on its sites. OTR advised the Panel that the spot finished airing on the 9th of May.

Other advertisements found this week to be in breach by the Panel included a new explicit advertisement from Wicked Campers as well as an additional complaint against an On Demand version of the Cancer Council Victoria Food Fight spot, originally found to be in breach earlier this month.


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