Pet food delivery exclusivity claim lands Checkers in ARB's crosshairs

Absolute Pets is the complainant. Source: YouTube.

Dispute

The dispute centred on a Checkers Sixty60 advert featuring the claim: “Specialised pet food delivered on the same day … now who else does that?” Absolute Pets argued that the statement created a false impression of exclusivity, pointing out that its own “Go Fetch!” service, along with other competitors, also offers same-day delivery.

However Checkers argues that the phrase “Now who else does that?” is a long-standing slogan they have utilised since 2020 for its Checkers Sixty60 service.

"According to the Advertiser, the slogan is intended to be playful and memorable, not literal or exclusive. It is framed as an open-ended question designed to spark consumer engagement, particularly on social media platforms where the advertisement was intentionally posted," said the ARB.

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Reasonable interpretation

Although Checkers had already removed a subtitle that originally translated a dog’s bark as “No one” in response to the claim, the ARB held that the revised version still suggested exclusivity. The Board rejected Checkers’ defence that the line was intended as playful branding and not a factual assertion, ruling instead that consumers would reasonably interpret it as meaning no other company provides such a service.

In its decision, the ARB noted:

"Rhetorical questions are asked when the answer is obvious and suggested by the question itself. In the case at hand, the “obvious” answer, the point that is trying to be made, is that “nobody” else offers this service. This is simply not true."

The Board instructed ARB members not to accept advertising from Checkers featuring the disputed claim and requested that the retailer amend or withdraw the advert.

While Shoprite Checkers is not an ARB member and thus not bound by its rulings, the decision stands as guidance for the industry and is binding on ARB members, who are prohibited from publishing the advert in its current form.