Schimmel said the merits and not the amount of complaints guide their rulings.
“We basically got a one paragraph response from the advertiser (Chicken Licken).”
Schimmel said Chicken Licken subsequently submitted information on the good response they’ve received to the commercial.
“If they had come to us, and this is probably what will happen on appeal, and said they had done 20 focus groups with diverse groups of people across the country and there was not a single incident of people offended, here is the feedback, here is the study … maybe that would have swung the ruling the other way because we would have had more information before us.”
The ARB ruled that the commercial be pulled from television but it is still circulating on social media.
Schimmel said: “The reality is you’re never going to pull something off social media completely. Once an ad is out there, it’s out there … We live in an era now where an ad will never completely disappear.”