The U.K. Advertising Standards Authority (ASA) has upheld two
complaints alleging that advertisements touting Kellogg Co.’s Special K®
products as “full of goodness” and “nutritious” violated broadcast (BCAP)
and non-broadcast (CAP) advertising codes for food, food supplements
and associated health claims. The complaints targeted a TV ad for Special
K® porridge that included supported health claim related to vitamin
B2, as well as website claims regarding the product’s “unique Nutri K™
recipe.”

According to ASA, the agency “shared Kellogg’s view that the claim ‘full of
goodness’ was a reference to a general, non-specific health benefit of the
product and as such, we agreed that Kellogg was required to accompany
it with a specific authorized health claim.” But because the authorized
vitamin B2 claim did not immediately follow the general health claim,
ASA found the ad in breach of BCAP Code Rule 13.4.3. The watchdog also
felt that the website advertisement violated CAP Code Rule 15.2 because
it made a general health claim that was not accompanied by “a specific
authorized health claim.”

“From the home page (on which the claim first appeared), consumers
must click through a further two pages to reach the dedicated page for
Nutri K™ flakes,” notes ASA in its July 20, 2016, ruling. “That page listed
a specific authorized health claim alongside a list of nutrients found in
the flakes. However, accompanying specific health claims should appear
next to or immediately following the general health claim.”

 

Issue 612

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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