Category Archives Advertising Standards Authority

The U.K. Advertising Standards Authority (ASA) has ruled that print and Web advertisements for Alpro (UK) Ltd.’s almond milk are not misleading. ASA received two complaints alleging that the advertisements misled consumers because the product contains only 2 percent almonds and because the ads featured images implying that almonds could be “milked.” Alpro countered, however, that “almond milk” is “commonly used as a descriptor for this type of product,” with “the two leading international branded varieties both [having] an almond content of 2%.” “They explained the product was made by processing roasted almonds into a creamy paste, which was then blended with spring water and other ingredients and nutrients, but that no additional flavorings were added to the product,” according to ASA. “They said the number of almonds used defined the texture and taste intensity of the product and that consumers liked the product with 2% roasted almonds, which equated…

The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has apparently concluded that scientific evidence supports an Article 13.5 health claim related to cocoa flavanols and normal blood flow. Submitted by chocolate manufacturer Barry Callebaut AG under Regulation (EC) No 1924/2006, the health claim application cited several human intervention studies that evidently showed “a cause and effect relationship” “between the consumption of cocoa flavanols and maintenance of normal endothelium-dependent vasodilation.” In particular, NDA noted that a person in the general population could obtain the claimed effect by consuming 200 milligrams of cocoa flavanols daily through either 2.5 grams (g) of high-flavanol cocoa powder or 10 g of high-flavanol dark chocolate, “both of which can be consumed in the context of a balanced diet.” The panel has thus approved the following wording as reflective of the scientific evidence: “Cocoa flavanols help maintain endothelium-dependent vasodilation, which contributes…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that a radio advertisement for Budweiser® beer violated rule 19.6 of the Broadcast Committee of Advertising Practice code by linking the consumption of alcohol to sexual success. According to ASA, the ad produced by AB InBev UK Ltd. featured a male speaker modeled after “the typical American football coach” giving “a motivational style speech” to other male characters preparing for the evening ahead, which would likely include meeting new people. Although InBev argued that the commercial did not explicitly link consumption of its product to sexual prowess but instead “drew upon the commonly attributed American values of optimism, free-spiritedness and a positive attitude,” ASA interpreted the message as implying that “on such nights [] unexpected and significant events, including conception, could take place.” “We considered the ad was likely to be understood as suggesting the group was preparing for…

The U.K.’s Advertising Standards Authority (ASA) has determined that a series of tweets from Rio Ferdinand and Katie Price that culminated in messages specifically referencing and showing a photo of these personalities with Snickers® bars did not violate the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (Code). The initial tweets did not contain any indication that they were sponsored by Mars Chocolate UK Ltd. The final tweets, with the Snickers® content, included “#spon” to indicate they were sponsored and the “strap line ‘you’re not you when you’re hungry.’” According to Mars, the strap line was intended to tie into the earlier tweets, “because their content would not usually be associated with the celebrity tweeters.” The company also indicated that it believed only the final tweets were marketing communications and that the earlier tweets did not require identification as marketing communications. In the alternative, the company explained that “the…

The U.K.’s Advertising Standards Authority (ASA) has censured Kellogg Marketing and Sales Co. (UK), Ltd. for falsely claiming on its website, in relation to promotions for children’s breakfast cereals, that “A panel of world health experts recently reviewed all the scientific evidence and concluded that a high sugar intake is not related to obesity, or the development of diseases such as heart disease, diabetes, high blood pressure or cancer.” ASA acknowledged that Kellogg’s had based the claim on “credible scientific evidence and review,” but noted that the company’s wording, without qualifiers, did not account for contrary evidence and “implied there was absolute certainty about the claims being made,” which is not the case. Because Kellogg’s had “referred in particular to a high sugar intake,” ASA concluded that the claim was misleading given the number of authoritative government cautions about limiting the quantity of sugary foods consumed. The company apparently assured…

The U.K.’s Advertising Standards Authority has reportedly banned an advertising campaign launched by People for the Ethical Treatment of Animals (PETA), fearing that it would cause some readers to infer that eating meat causes swine flu. The ad stated in bold letters “Meat Kills: Go Vegetarian” and contained repeating background lines of text that said, “E. Coli, Mad Cow, Swine Flu, MRSA.” The “Swine Flu” font was highlighted and made the disease more prominent. The advertising authority apparently determined that the ad was spreading “undue fear and distress” about swine flu. Other PETA ads have also reportedly caused controversy in Great Britain. See MarketingWeek.co.uk, October 14, 2009.

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