The U.K. Advertising Standards Authority (ASA) has upheld two complaints against Costa Coffee for a radio ad comparing the difficulty associated with the length of time for which an avocado is ripe—”sure, they’ll be hard as rock for the first 18 days, three hours and 20 minutes, then they’ll be ready to eat, for about 10 minutes, then they’ll go off”—to the ease of buying a breakfast sandwich at the coffee company’s store locations. Two complainants argued to ASA that the ad “discouraged the selection of fresh fruit,” and ASA agreed, finding that “comparisons between foods must not discourage the selection of options such as fresh fruit and fresh vegetables, which generally accepted dietary opinions recommended should form a greater part of the average diet.” Upholding the complaints, ASA noted that, “although the ad was light-hearted, it nevertheless suggested avocados were a poor breakfast choice, and that a bacon roll or egg muffin would be a better alternative, and in doing so discouraged the selection of avocados.”

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.