ASA rules against Woolies in Frankies case
The Advertising Standards Authority of South Africa has ruled in favour of Frankies Olde Soft Drinks in its complaint against Woolworths.
The ASA ruled today that Woolworths deliberately and intentionally copied the phrase – “Good Old Fashioned Soft Drinks” to promote its own line of beverages.
The dispute between the two companies caused a media frenzy late last year, with many consumers turning to social media to voice their opinions.
Frankies, based in the KwaZulu-Natal Midlands, says it started using the phrase in 2006 in all advertising material and point of sale branding.
However, Woolworths argued that the vintage branding of soft drinks is a common trend.
The ASA says not enough evidence was presented to support this claim and ruled in favour of Frankies.
The ruling says Woolworths must now withdraw the packaging of its soft drink line with immediate effect and it will also not be able to reuse the packaging in its current format.
What didn’t form part of the complaint is Frankies contention that Woolworths also blatantly copied the names of several of its flavours such as Cinnamon Cola and Fiery Ginger Beer.