Tag Archives UK

The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that a recent advertisement for Heineken beer “condoned or encouraged the consumption of alcohol in a football stadium within sight of the pitch, which was an illegal activity,” and “condoned or encouraged people to take glass bottles into a football stadium, which was not permitted.” The TV commercial in question apparently featured a man traveling to the UEFA Champions League final game, where he and a woman were shown taking a seat in view of the field and “clinking the two bottles of Heineken together in a celebratory fashion.” Although Heineken UK Ltd. described the ad as a “light-hearted” and “tongue-in-cheek” fantasy, ASA ultimately agreed with complainants that the final scene implied that the main characters “were going to consume beer during the football match.” “We considered that the ad could give the impression to viewers that such behavior,…

The U.K. Home Office has issued its response to a public consultation on its alcohol strategy, laying out a number of new measures but stopping short of instituting a scheme that would have priced alcoholic beverages per unit of alcohol. Under the new strategy, the government has vowed, among other things, to (i) take action “on irresponsible promotions in pubs and clubs,” (ii) facilitate “targeted action by pubs and clubs themselves to curb irresponsible drinking,” (iii) put an end to deep discounts on alcohol that made it possible for consumers to purchase beverages for less than the cost to retailers, and (iv) free “responsible business and community groups from unnecessary red tape, while maintaining the integrity of the licensing system.” At the same time, however, the Home Office ultimately declined to implement minimum unit pricing (MUP) because it found little evidence that the plan would “reduce problem drinking without penalizing…

At the behest of the U.K. Food Standards Agency (FSA), an independent reviewer has issued a final report on the agency’s response “to the adulteration of processed beef products with horse and pork meat and DNA.” Authored by Pat Troop, former chief executive of the Health Protection Agency, the report evaluates FSA’s “relevant capacity and capabilities,” including (i) “the response of the FSA to any recent prior intelligence on the threat of substitution of horsemeat for beef in comminuted beef products available in the U.K.,” (ii) the “strategic, tactical and operational response” to initial test results, (iii) “communication from the FSA to the public, parliament, and other stakeholders,” (iv) FSA’s engagement with the food industry and other regulatory agencies, and (v) “the enforcement response of the FSA, in terms of the powers available and arrangements for conducting investigations into potential breaches of food law or other law, including liaison and…

The U.K. Food Standards Agency (FSA) has requested public comments about a novel foods application submitted by a U.S. company seeking permission to use refined oil from Bugglossoides arvensis seeds in its food products. The company suggests in the application that the oil is a rich source of omega-3 and omega-6 fatty acids and could be consumed by people who want to increase their intake of omega-3 fatty acids, but are unwilling or unable to consume fish oils—vegetarians, for example. The applicant also indicated that oil made from Bugglossoides arvensis seeds is similar in composition to Echium oil, which is already approved for use in foods in the European Union. FSA will accept comments until July 15, 2013. See FSA News Release, June 25, 2013.

The U.K. Advertising Standards Authority (ASA) has upheld a complaint against a print advertisement by the People for the Ethical Treatment of Animals (PETA) Foundation alleging that meat consumption raises heart disease and cancer risk. According to ASA’s report, the poster under review featured a child smoking a cigar and the following text: “You Wouldn’t Let Your Child Smoke. Like smoking, eating meat increases the risk of heart disease and cancer. Go vegan!” After considering two complaints questioning whether the link between meat consumption and disease risk could be substantiated, ASA concluded that the studies provided by PETA to support its claims failed to show any strong association between general meat consumption and increased risk of heart disease and various cancers. “We considered that because the ad likened the risks associated with eating any kind of meat to the risks of smoking, consumers would understand from the ad that the…

Alcohol Concern, a U.K. charity “working on alcohol issues,” has issued a report titled “Stick to the Facts” that claims “[a]dvertisers exploit weak rules to develop content that appeals to both adults and young people. Audience thresholds limiting the percentage of minors insufficiently shield those underage. Children and young people in the UK aged 10-15 years are today exposed to significantly more alcohol adverts than adults than would be expected, given their viewership patterns.” The report also claims that self-regulation, particularly as to digital and online content, “is failing to adequately protect children and young people.” Among other matters, the charity calls on policymakers to prohibit alcohol company sponsorship of sporting, cultural and music events, including branded merchandise, restrict advertising at cinemas for all films without an 18 classification, and regulate alcohol promotion by statute, independent of the alcohol and advertising industries.    

According to a news source, U.K. High Court Justice Michael Briggs has ordered New York-based Chobani to change its “Greek” yogurt labels, finding that they mislead more than 50 percent of British consumers into believing that it was made in Greece. Company rival Fage brought the lawsuit to “restrain Chobani from passing off its American-made yoghurt in England and Wales under the description Greek yoghurt.” The court apparently determined that “the very small print used on the rear of Chobani’s pots” stating that the products are made in the United States was “nowhere near sufficient” to alert people to their true origin. Chobani claimed that the “Greek” designation was a reference to how the product is made and not to its country of origin. Danone, which also makes the thickened, strained yogurt products, reportedly indicated that it was considering the implications of the ruling; it was temporarily barred in the…

The U.K. Advertising Standards Authority (ASA) has declined to uphold five complaints claiming that Nestlé UK Ltd.’s TV advertisements for Nesquik chocolate milkshake “encouraged poor nutritional habits by suggesting the product was suitable to give to children for breakfast on a daily basis.” According to ASA, the complaints described the product as high in sugar and thereby unsuitable for daily consumption. But Nestlé countered that a typical serving of Nesquik milkshake could not “be described as being ‘high’ in sugar” as “46% of total sugar in the product, as consumed, was attributed to the naturally occurring lactose found in milk, and not to the Nesquik product.” In addition, Nestlé explained, the sugar that could be attributed to the product still met World Health Organization guidance stating that NonMilk Extrinsic Sugars should contribute less than 10 percent daily energy to children’s diets. “Nestlé also said the new EU Pledge nutrient profiling criteria…

According to a press report, the U.K. High Court has ordered Danone to remove any reference to “Greek yogurt” on the packaging for its newly launched product Danio®. The matter is currently before the court in litigation involving Greece-based yogurt maker Fage, which sued U.S.-based Chobani Inc. in November 2012 after that company launched its “Greek yogurt” product line in the United Kingdom. While Danone is not apparently required to remove offending products already on store shelves under the injunction, it began complying with the January 30, 2013, court order on products made after that date. In a statement Danone said, “This ruling is in place until the High Court has determined, as part of a separate case with another manufacturer, whether the use of ‘Greek yogurt’ is only possible for yogurt produced in Greece or if it refers to a particular type of yogurt made using a specific process.…

U.K. members of Parliament (MPs) have reportedly agreed to revisit a beer duty escalator tax that raises the price of a pint each year by 2 percent plus the rate of inflation. According to media reports, Conservative MP Andrew Griffiths argued in the House of Commons that the current beer tax has cost the country thousands of jobs as beer sales decline and pubs are forced out of business. The debate purportedly concluded with 100 MPs voting to review the tax despite Treasury Minister Sajid Javid’s concern that the government would lose £105 million over the next two years if it were abolished. “The reality is since the introduction of the beer duty escalator [in 2008], beer duty has increased by a crippling 42 per cent,” said Griffiths, who chairs the All-Party Parliamentary Beer Group. “The point about an escalator is you stop when you get to the top. We…

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