Voices for Freedom argued the flyer was an educational publication assisting in the public's informed consent decision-making process by providing information they might not know.
The group added it recognised the information presented on potential risks could be challenging, however, arming individuals with information was justified given the important subject of an irreversible medical procedure intended for use on healthy children.
In its ruling, the Complaints Board unanimously agreed the advertisement was not socially responsible. The board also agreed presenting selective information about the
paediatric vaccine as established facts was likely to mislead and confuse consumers.
A further 56 complaints about two flyer advertisements regarding mask mandates were also upheld by the Complaints Board.
One side of the flyers included the following question: "GOING TO WEAR THAT MASK ALL SUMMER?"
The flyer had a "did you know" section that made claims including "typical mask wearing does not reduce SARS-CoV-2 infection rates"; "SARS-CoV-2 viral particles are tiny and can easily pass through mask fibres" and "masks have been shown to cause hypoxia (deprivation of adequate oxygen)".
In addition, the advertising also had what appeared to be a big red "seal of approval" which said: "All claims substantiated ASA".
Complainants were concerned the advertising discouraged the use of masks and the advertising was misleading, offensive, caused fear and harm to public health. Complainants also noted the ad did not clearly identify the advertiser.
The Complaints Board said the advertising was misleading because it implied the ASA had granted formal approval and endorsement of the content, which was not correct and not an accurate reflection of the ASA process.
While the Complaints Board acknowledged the New Zealand Bill of Rights Act 1990 protection of freedom of expression, it said the broad public health implications of the Covid-19 global pandemic at a population level provided a counterweight to the usual liberal assessment of advocacy advertising regarding social responsibility and truthful presentation.
ASA chief executive Hilary Souter said: "There is rightly a high level of public interest about misinformation, and as an organisation we understand the important role we play in supporting the right to freedom of expression along with balancing the public health implications of a global pandemic and the impact of misinformation."