Tag Archives advertising

The U.K. Advertising Standards Authority (ASA) has upheld a complaint against BrewDog Beer for a print ad and an outdoor poster ad that displayed "F--k You CO2. Brewdog Beer Is Now Carbon Negative" with the dashes obscured by a can of beer. ASA found that the poster ad "had been placed in accordance with guidelines on proximity to schools and religious buildings; that the ad had run during school summer holidays and that one local authority (Newcastle City Council) had been asked and considered the ad acceptable for use." However, the board found that the ad "was so likely to offend a general audience that such a reference should not appear in media where it was viewable by such an audience. We therefore concluded that the ad was likely to cause serious and widespread offence and was not appropriate for display in untargeted media." ASA upheld the complaint as it…

A group of researchers has published a study in Pediatrics examining the "frequency with which kid influencers promote branded and unbranded food and drinks during their YouTube videos and assess the nutritional quality of food and drinks shown." Alruwaily et al., "Child Social Media Influencers and Unhealthy Food Product Placement," Pediatrics, November 2020. The researchers reviewed the 50 most-watched videos and 50 videos featuring food and beverages in the thumbnail image from each of the five most-watched YouTube personalities aged 3 to 14, ultimately identifying 179 videos including food. "The 179 videos that featured food and/or drinks were viewed >1 billion times and generated 2.6 million likes on YouTube," the report states. "Food and/or drink product placements in those kid influencer videos generated ∼16.5 million impressions for items that were mostly unhealthy branded products." "Our findings suggest the need for future experimental studies to examine the extent to which viewing these types of videos…

U.K. Prime Minister Boris Johnson has announced a series of measures aimed at limiting advertising for foods high in salt, sugar and fat. The measures include a ban on ads for such foods before 9 p.m., the implementation of calorie counts on food menus and a ban on "buy one get one" deals on some types of foods. The government will also launch "a consultation to gather views and evidence on our current ‘traffic light’ labelling system to learn more about how this is being used by consumers and industry, compared to international examples." The announcement is a reversal from Johnson's previous stance on food advertising limits that he attributed to his diagnosis and recovery from COVID-19. "I've wanted to lose weight for ages and like many people I struggle with my weight," he wrote in The Daily Express. "I go up and down, but during the whole coronavirus epidemic and…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint against The Cornish Rum Co. against its ads marketing Dead Man's Fingers Hemp Rum. The complainant asserted that two Instagram posts and an ad in a trade magazine used language linking the hemp-infused rum to cannabis, including "Delicious mixed with coke or ginger ale—serve chilled, man. Coming to a joint near you." Another Instagram post featured an image of an outdoor ad reading "Warning: Our Hemp Rum May Cause the Munchies" along with "an image of a skull which was smoking and wearing a hat with a cannabis leaf print." The trade magazine ad included the text "Dealers Wanted." ASA dismissed the portion of the complaint arguing that the ad was intended to appeal to an audience under 18, finding that the images "were not references associated with youth culture and that overall the colours and imagery used gave each…

The National Advertising Division (NAD) has recommended that Clemens Food Group and its flagship brand, Hatfield Quality Meats, "discontinue the claim 'Ethically Raised by Family Farmers Committed to a Higher Standard of Care, Governed by Third Party Animal Welfare Audits.'" NAD acknowledged that the Food Safety and Inspection Service (FSIS) reviewed the claim, but the "record here did not demonstrate that FSIS considered consumer impact or that it explained its reasoning with respect to its determination on the 'ethically raised' claim. Accordingly, NAD undertook its own review of the challenged claims." The challenger, Animal Welfare Institute (AWI), argued that the claim misled "a high percentage" of consumers "because they took the claim to mean that the animals’ treatment and living conditions exceed industry standards." NAD noted that AWI provided a consumer perception survey, and the board found the survey to be methodologically sound. Hatfield submitted "caretaker standards, third-party auditing and…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint that a television advertisement "perpetuated a harmful stereotype by suggesting that men were incapable of caring for children and would place them at risk as a result of their incompetence." The ad showed a father leaving a baby in a carrier on a conveyor belt as he examined his food options, including Philadelphia cream cheese products. Mondelez argued that it showed two men caring for their children and "took care to ensure the babies were not shown to be coming to any harm." ASA found the arguments persuasive, but it noted that the commercial featured the mother handing the child to the father at the beginning and the father saying "Let's not tell mum" to the child at the end. In this context, ASA found, "we considered the ad relied on the stereotype that men were unable to care for…

The National Advertising Division (NAD) has recommended that Oatly Inc. discontinue marketing representations that its oat milks contain "no added sugars." According to NAD's summary, the challenger argued that "the hydrolysis process, which turns oats into oatmilk, creates sugars 'in situ' as the oats are broken down into smaller components." NAD considered whether the question fell under its jurisdiction, noting that information appearing in the Nutrition Facts Panel would be governed by the U.S. Food and Drug Administration (FDA). "Without taking a position on whether Oatly’s Nutrition Facts Panels are in compliance with FDA regulations, NAD recommended that Oatly not re-post or restate the 'added sugars' line of the Nutrition Facts Panel in its advertising, but noted that nothing in the decision prevents Oatly from using the 'added sugars' line of the Nutrition Facts Panel in a context that is not advertising, such as on product packaging for the purpose…

Shook Partner Lindsey Heinz and Associate Elizabeth Fessler discuss the regulatory and legal implications of food advertising, especially through social media, in the podcast available below. What types of scientific substantiation do companies need to supply for labeling claims, particularly those related to health and safety? Do the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) look to websites and social media when reviewing products for regulatory compliance? What should companies know about retweeting or sharing third-party endorsements? Listen to the podcast (6:53) and read the transcript, available below. LINDSEY HEINZ Have your cake and tweet it too—managing social media marketing campaigns related to food and beverage products can be a tricky legal line to tow. ELIZABETH FESSLER Social media continue to be a powerful marketing tool. And as access to technology expands, social media marketing campaigns are increasingly likely to play a significant role in marketing…

The World Health Organization (WHO) has issued a report calling for "greater monitoring" of "unhealthy food products, especially those high in salt, sugar and fat." The report asserts that "exposure of children to the online marketing of unhealthy food products" remains "commonplace"—despite the organization's 2010 recommendations on limiting such exposure—and "urgently calls for developing and implementing a set of tools for monitoring the exposure of children to digital marketing." The establishment of a tool to monitor exposure could help "strengthen the case to national governments" for stronger measures limiting children's exposure to digital marketing of "unhealthy products," WHO states.

The U.K. Advertising Standards Authority (ASA) has declined to take action against Bacardi-Martini Ltd. following a complaint that its television ad “was irresponsible because it encouraged immoderate drinking by implying that drinking should take place before and throughout a night out.” In its determination, ASA found that “a sealed bottle of Bacardi rum was shown on several occasions but none of the characters in the ad were shown actually serving or drinking the rum” until the group of characters reaches a bar. “The implication was that the group would drink some of the alcohol during their night out, but we noted that none of the characters shown in the ad seemed to be dancing, moving, or otherwise interacting with each other in a way suggestive of intoxication or excessive alcohol consumption at any point, including in the final scenes,” ASA ruled. “For those reasons we concluded that the ad did…

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