Nando's cries fowl over MTN/ASA ruling

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“We went to great lengths to provide the ASA with an extremely comprehensive response to the MTN complaint. We maintain that our argument is sound and that companies cannot monopolise generic statements like “top up” or universal colours such as “yellow”. We stand by our ‘Yello Hummer' campaign and our response and we will take this case on appeal where we are confident that we will prevail,” states Paul Appleton, marketing director for Nando's South Africa.

The Advertising Standards Authority code provides for parody, which the ASA itself defines as "a composition in which the characteristic terms of thought and phrase of the author are mimicked and made to appear ridiculous especially by applying them to ludicrously inappropriate subjects”.

In creating its present advertising campaign, Nando's and its advertising agency, “mimicked” certain elements of MTN's advertising but did not copy it, they assert.

Contends Ahmed Tilly, creative director of Black River F.C., the agency responsible for the Yello' Hummer campaign, “We created an independent and original ad for our client – we certainly did not copy any of MTN's advertisements.”

“Furthermore the single advertisement which MTN has submitted as evidence of its so-called ‘Y'ello Summer' campaign does not support MTN's claims but, despite the fact that MTN has failed to identify which MTN advertisement(s) was allegedly copied, the ASA nevertheless found that the present campaign amounts to copying of MTN's advertisements.”

Defining humour

The ASA also found that Nando's use of a combination of all the elements that has become the “signature” of MTN's ‘Y'ello Summer' campaign - even though they are in common use - amounts to “copying” of the MTN advertisements.

Tilly believes that the complaint is “quite rich coming from a company who has not only relied on parody as a defence in proceedings before the ASA but who themselves have been judged guilty of copying competitors by the ASA committee.

Tilly was also surprised by the ASA's ruling that the Nando's Yello' Hummer campaign was not ‘overtly humorous or exaggerated.'

“Who defines humour and exaggeration in any event?” Tilly wants to know.

Adds Appleton, “Given the amazing consumer response to our campaign, it is clear that our customers have a very refined sense of humour… And they have also not been confused for one moment in terms of the offer!”

What delights Tilly about this campaign is that it is in true Nando's style, “We believe the campaign is funny and relevant and we will keep on doing what is right for the brand even if our attempts to humour is not received positively by minorities.

“On instruction of the ASA we are removing the “offending” material from all Nando's restaurants. It will be replaced with a poster which carries an invite to MTN to enjoy our delicious flame grilled Peri-Peri chicken and enter our Hummer competition!”