Two Oceans wine advertising misleading
7/12/2009

The Advertising Standards Authority Directorate (the Directorate) ruled on Friday, 4 December 2009 that Distell Limited had to immediately withdraw its Two Oceans wine packaging, television commercial and the “From a Special Place” advertising on its website, www.twooceanswines.co.za.
Adams & Adams lodged a competitor complaint against Distell Limited (the Respondent), on behalf of Cape Point Vineyards (Pty) Limited (the Complainant) on 16 October 2009. The Complainant identified the following clauses in Section II of the Code of Advertising Practice (the Code) as relevant:

Clause 2 – Honesty
Clause 3.3 – Legality
Clause 4.2.1 – Misleading claims
Clause 4.2.6 – Headlines

The complaint was lodged against the advertising campaign and label for Two Oceans wines, which involved a central and dominant emphasis on the geographical area of Cape Point and created the false impression that Two Oceans wines were either produced there or made from grapes that were grown there.

The complainant is the only grower and producer of wines in the wine-producing district of Cape Point. Two Oceans wines have no valid claim for originating in Cape Point, contrary to what the Respondent’s advertising campaign and label suggested.

The Directorate found that it was common cause that Two Oceans wine was not made from grapes grown on the Cape Peninsula or within the Cape Point district of origin, nor was it made there. It then went on to consider whether Distell’s advertising (television commercial, wine labels and website advertising) created the impression that Two Oceans wine originated from those places, which would render the advertising misleading.
Television commercial
The television commercial consists almost entirely of footage of Cape Point and the larger Cape Peninsula area and in essence shows a dramatised version of the creation or formation of the Cape Peninsula, including Cape Point. The commercial concludes with a shot of the Cape Peninsula that is similar to the image on the wine label, and an image of a Two Oceans wine bottle also appears on the screen. The voice-over then states: “Two Oceans wines. From a very special place.”

The Respondent contended that the image of Cape Peninsula was intended, together with the name Two Oceans, to play on the popular perception that the Atlantic Ocean and Indian Ocean meet at Cape Point. The Respondent submitted that this was not intended to represent that Two Oceans wine was produced at Cape Point or that the grapes from which it was made were grown at Cape Point. The purpose of the commercial was merely to convey to the viewer the “Two Oceans” theme and the meeting of the Atlantic and Indian oceans as the symbolic representation of the Respondent’s Two Oceans brand, rather than an indication of origin or place of production of the wines.

The Directorate ruled that the hypothetical reasonable viewer of the commercial would understand it to mean that Two Oceans wine came from “a very special place” – the Cape Peninsula. Accordingly, the Directorate found that the television commercial was misleading and in breach of Clause 4.2.1 of Section II of the Code.

The Directorate ruled that the commercial must be withdrawn immediately and that it might not be used again in its current format.
Two Oceans wine label
The Complainant identified the following elements of the Two Oceans wine labels as problematic:

• An aerial shot of the Cape Peninsula on the front label, which forms the central and dominant feature of the front label;
• The statement on the front label reading “Along the southern coast of Africa, two great oceans meet, creating the ideal climate for us to shape this well-balanced wine”; and
• The outline of Africa on the back label, with South Africa darkened and a circle drawn over the Western Cape. To the left of this image, the circle is enlarged to show part of the Western Cape, including the Cape Peninsula.

It is interesting that the Respondent, in its response to the complaint, submitted that it would remove the enlarged circle from the back label and not use it again.

The Directorate ruled that the statement on the front label, in the context of the image of the Cape Peninsula, was likely to signal to a consumer that the climate referred to was the climate of the Cape Peninsula, and that the wine was “shaped” there. This understanding was, according to the Directorate, reinforced by the statement on the back label reading, “The warm Indian Ocean and the cold Atlantic Ocean converge & create cool breezes that slow the ripening of the grapes & intensify the pure fruit flavours of our wine.”

The Directorate found that the statements “Wine of origin Western Cape” and “The Bergkelder, Stellenbosch, South Africa” did not counteract the fact that the consumer might understand that the grapes for Two Oceans wine came from the Cape Peninsula or that the wine was produced there.

The Directorate ruled that the Respondent’s packaging created the impression that the wine originated at the Cape Peninsula. It was misleading and in breach of Clause 4.2.1 of Section II of the Code. The packaging must be withdrawn immediately and might not be used in its current format in future.

www.twooceanswines.co.za
The Complainant took issue with heading and text under the link “From a special place”. When the viewer or consumer clicks on this link, the narrative is produced against the backdrop of arresting photographs of Cape Point. In particular, the following text appears:

“The resultant micro-climate contributes towards the area being acknowledged as simply one of the finest wine-producing territories on the planet. It is a viticulturalist’s dream work site. The home of Two Oceans wine and a very special place.”

The Directorate ruled that this was likely to mislead the consumer to believe that Two Oceans wine originated from the Cape Peninsula. The Directorate found that the Respondent’s website was misleading in respect of the link “From a special place”, as the heading and the text created the impression that Two Oceans wine originated at the Cape Peninsula. This constituted a breach of Clauses 4.2.1 and 4.2.6 of Section II of the Code. The Directorate accordingly ruled that it must be withdrawn and might not be used again in its current format.

The Complainant’s complaint was upheld, without the Directorate considering Clauses 2 and 3.3 of Section II of the Code. However, the Directorate stated that should the matter go on appeal before the Advertising Industry Tribunal, these clauses might well be open for consideration.

Cape Point Vineyards is represented by Suzaan Laing, in Adams & Adams’ Cape Town offices.