Category Archives Advertising Standards Authority

The U.K. Advertising Standards Authority (ASA) has dismissed complaints challenging print and TV advertisements that tout Tesco-brand milk as fairly priced and responsibly sourced. In particular, the complaints alleged that (i) “the image of cows in an open field did not accurately represent how the milk was produced or the conditions in which the cows lived” and (ii) only a small proportion of Tesco’s milk was sourced through the Tesco Sustainable Dairy Group (TSDG). According to ASA, Tesco countered that all of its core milk suppliers must meet industry Red Tractor standards as well as Tesco’s own Livestock Code of Practice, which focuses on food safety, environmental indicators and “welfare outcome measures such as lameness, mastitis, fertility, and animal health.” The retailer also reiterated that core farmers with TSDG “supplied approximately 80% of Tesco’s total milk requirements over the course of the year,” while seasonal farmers provided additional milk during…

The U.K. Advertising Standards Authority (ASA) has dismissed a competitor’s complaint alleging that Unilever UK Ltd.’s commercial for its pyramid-shaped teabags “exaggerated the capability and performance of the advertised product.” Tata Global Beverages reportedly argued that (i) the visual demonstration used in a TV commercial for PG Tips tea was misleading, (ii) Unilever’s claim that “the tea has more room to move freeing the great fresh taste” could not be substantiated, and (iii) “the comparison with a round teabag denigrated Tata’s brand ‘Tetley’ because they believed that they were an identifiable competitor and that the ad portrayed the brand in a negative light.” According to ASA, Unilever not only countered that the visual demonstration in question “imitated consumer behavior when making tea,” but noted that the claims reflected the results of product testing and mathematical modeling supplied to ASA for review. Denying that the ad made a direct comparison to…

The U.K. Advertising Standards Authority (ASA), has upheld four complaints challenging whether a TV ad for Bioglan “superfood” chia and flax seeds complied with the European Register of Nutrition and Health claims with its use of the word “superfood” and comparisons demonstrating the seeds’ protein, calcium and fiber content. At issue specifically was food manufacturer PharmaCare’s claim that adding its chia and flax seeds to breakfast provides “as much protein as a small egg; more calcium than 100 ml of milk; as much fiber as a cup of oats; and a high source of the Omega 3 fatty acid ALA.” Concluding that although PharmaCare was within its rights to present the seeds as sources of the specific nutrients, the multiple references to “superfood” to reference “a general, non-specific benefit of the food for overall health,” needed to be accompanied by a specific authorized health claim. “We noted that the Regulation…

The U.K. Advertising Standards Authority has reversed an earlier decision upholding two complaints alleging that Heineken UK Ltd.’s print and TV advertisements gave the impression that its Kronenbourg 1664 beer was brewed in France and made primarily from French hops, despite text disclaimers stating that the product was “Brewed in the UK.” According to ASA, Heineken argued that Kronenbourg 1664 “could correctly and reasonably be described as a ‘French beer’ because of its heritage, the origin of its recipe and the use of the Strisselspalt hop, as well as its ownership and the yeast type used.” In particular, the company noted that the aromatic Strisselspalt hop— though not the sole hop used in the beer—was the key ingredient in creating the beer’s final character and taste, attributes that could not be captured “from a simple calculation of the proportion in which [the Strisselspalt hop] featured in the recipe.” In its…

The U.K. Advertising Standards Authority (ASA) has dismissed a complaint alleging that a cereal advertisement shown at the beginning of a “U-rated” film “condoned or encouraged poor nutritional habits or an unhealthy lifestyle in children” and “disparaged good dietary practice.” Although Kellogg Marketing and Sales Company (UK) Ltd. included on-screen text stating the sugar content of the product and emphasizing the importance of a varied diet and lifestyle, ASA argued that the Coco Pops Rocks ad in question, which featured brand equity characters and aired before a movie, would appeal to children, “who would not have the reading comprehension skills or relevant knowledge to be able to interpret and understand the information about the sugar content of the product and that it should be eaten as part of a varied diet and active lifestyle.” “We also considered that, in the context of the exciting action in the visuals of the ad,…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint claiming that alcohol ads were shown during YouTube videos intended for children. According to the agency, a series of children’s nursery rhyme videos featured advertisements for liquors sold by Wm Morrison Supermarkets PLC (Morrisons) even though both the company and YouTube took action “to prevent alcohol content from being served during content that was family-friendly.” Despite these precautions and YouTube’s warning that users should not access accounts “that declared they were over 18 years of age if they were watching YouTube with a minor,” ASA ruled that the ads in question violated CAP Code rules governing social responsibility, children and alcohol. “The ASA noted that both Morrisons and YouTube had processes in place that were intended to ensure that ads for alcohol were not directed at those under 18 years of age,” it explained. “However, we considered that the YouTube video…

The U.K. Advertising Standards Authority (ASA) has reportedly dismissed a complaint about a controversial National Health Service advertisement showing a tumor growing in the bottom of a beer glass with the tag line “the more often you drink, the more you increase your risk of developing cancer.” Promoted by the alcohol awareness charity Balance and shown in a section of England reported to have the country’s highest rates of alcohol related health problems, the advertisement depicts a man preparing a meal and pouring a beer into a glass. As the man drinks the beer, a tumor appears to slowly grow at the bottom of the glass and slide toward his mouth. A voice-over then states, “The World Health Organization classifies alcohol as a group one carcinogen … The more you drink and the more often you drink, the more you increase your risk of developing cancer.” Calling the ad “misleading and irresponsible,…

The U.K. Advertising Standards Authority (ASA) has ruled that an advertisement for a range of lactose-free products made “sufficiently clear that the Lactofree products were not suitable for dairy allergy sufferers but were suitable for those intolerant to lactose.” Responding to a complaint alleging that the ad failed to adequately differentiate between lactose intolerance and dairy allergy, Arla Foods Ltd. reportedly noted that its TV commercial included an on-screen footnote stipulating that the products displayed were “Not suitable for milk allergy  sufferers,” and that consumers in doubt should consult their physician. Warning that the ad’s voice-over—“Listen up hedgehogs, you’re not intolerant to dairy, you’re just intolerant to lactose, the sugars in dairy”—could be misunderstood as a stand-alone statement, ASA nevertheless agreed with Arla’s position, dismissing the complaint on the ground that the on-screen text not only provided a clear reference to milk allergy, but also instructed consumers to “Search Lactofree”…

The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that Heineken UK Ltd.’s print and TV advertisements gave the impression that its Kronenbourg 1664 beer was brewed in France and made primarily from French hops, despite text disclaimers stating that the product was “Brewed in the UK.” According to the February 12, 2014, ruling, the ads in question touted Kronenbourg 1664 as a “French beer… brewed with the aromatic Strisselspalt hop” sourced from Alsace, France. Although Heineken noted in its response that “Kronenbourg 1664 was an inherently French beer… first brewed in 1952 in Alsace by Brasseries Kronenbourg,” ASA ultimately agreed with complainants that the print ad’s “degree of emphasis… on the connection with France would lead consumers to believe that the entire brewing and manufacturing process took place in that country,” while the TV ad’s focus on the Strisselspalt hop “implied that all, or a significant majority…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that PepsiCo International Ltd. t/a Naked Juice made antioxidant health claims on its website that were unauthorized by the EU Register of Nutrition and Health Claims for Foods (the EU Register). According to ASA, Naked Juice argued that health claim guidance issued by the European Commission failed to establish whether the term “antioxidant” “was a specific health claim or a non-specific, general health claim.” As a result, the company considered that the term was a non-specific, general health claim, “and it was therefore permissible to use it, provided it was accompanied by a specific health claim which was authorized on the EU Register” – in this case, specific claims about the Vitamin C contents of the “Green Machine” and “Mango Machine” smoothies singled out in the complaint. But ASA disagreed with this reasoning, ultimately concluding that both the commission’s…

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