The U.K. Supreme Court has reportedly refused to consider the appeal filed by Chobani Inc. from an appeals court order dismissing its appeal of a permanent injunction prohibiting the company from designating its U.S.-made yogurt as “Greek” yogurt. Additional details about the January 2014 appeals court ruling appear in Issue 511 of this Update. According to a court spokesperson, three justices dismissed the application for permission to appeal “because the application [did] not raise a point of law of general public importance.” Fage U.K., Ltd., which instituted the litigation, said of the ruling, “The High Court has ended the ‘Greek yogurt’ case, its decision is final. Chobani is forbidden from selling US-made strained yogurt as ‘Greek’ in the United Kingdom.” Fage also reportedly said that Chobani must pay its legal fees. Meanwhile, expressing disappointment in the outcome, Chobani has apparently indicated that it no longer sells its yogurt in Britain,…
Tag Archives UK
The U.K. Advertising Standards Authority (ASA) has dismissed a competitor’s complaint alleging that Unilever UK Ltd.’s commercial for its pyramid-shaped teabags “exaggerated the capability and performance of the advertised product.” Tata Global Beverages reportedly argued that (i) the visual demonstration used in a TV commercial for PG Tips tea was misleading, (ii) Unilever’s claim that “the tea has more room to move freeing the great fresh taste” could not be substantiated, and (iii) “the comparison with a round teabag denigrated Tata’s brand ‘Tetley’ because they believed that they were an identifiable competitor and that the ad portrayed the brand in a negative light.” According to ASA, Unilever not only countered that the visual demonstration in question “imitated consumer behavior when making tea,” but noted that the claims reflected the results of product testing and mathematical modeling supplied to ASA for review. Denying that the ad made a direct comparison to…
The Scientific Advisory Committee on Nutrition (SACN) recently issued a draft “Carbohydrates and Health” report urging Public Health England (PHE) to halve the current population guidelines for added sugar intake. An independent expert panel that advises government agencies on nutrition and dietary matters, SACN created a Carbohydrates Working Group at the request of the U.K. Food Standards Agency and Department of Health to clarify “the relationship between dietary carbohydrates and health.” To this end, the working group reviewed scientific literature on “the terminology, classification and definitions of types of carbohydrates in the diet,” as well as evidence concerning the effects of dietary carbohydrates on oral, colorectal and cardiovascular health. After analyzing 225 prospective cohort studies and 403 randomized controlled trials, the working group concluded that although “total carbohydrate intake appears to be neither detrimental nor beneficial to cardio-metabolic health and colorectal health,” the consumption of added sugars increases energy intake…
The U.K.-based Action on Sugar campaign has issued a new survey allegedly revealing “the shockingly high and unnecessary levels of sugar in carbonated sugar-sweetened soft drinks,” according to a June 12, 2014, press release. After analyzing 232 sugar-sweetened drinks sold in grocery stores, Action on Sugar researchers reported that 79 percent of surveyed beverages contain six or more teaspoons of sugar per can. In particular, the campaign singled out ginger beer as one category of sugar-sweetened beverage with higher sugar levels than expected, recommending that these drinks contain only 9 grams of sugar per 100 milliliters. “Added sugars are completely unnecessary in our diets and are strongly linked to obesity and Type II Diabetes, as well as to dental caries; which remains a major problem for children and adults,” said Action on Sugar Chair Graham MacGregor. “Replacing sugar with sweeteners is not the answer: we need to reduce overall sweetness…
The U.K. Advertising Standards Authority (ASA), has upheld four complaints challenging whether a TV ad for Bioglan “superfood” chia and flax seeds complied with the European Register of Nutrition and Health claims with its use of the word “superfood” and comparisons demonstrating the seeds’ protein, calcium and fiber content. At issue specifically was food manufacturer PharmaCare’s claim that adding its chia and flax seeds to breakfast provides “as much protein as a small egg; more calcium than 100 ml of milk; as much fiber as a cup of oats; and a high source of the Omega 3 fatty acid ALA.” Concluding that although PharmaCare was within its rights to present the seeds as sources of the specific nutrients, the multiple references to “superfood” to reference “a general, non-specific benefit of the food for overall health,” needed to be accompanied by a specific authorized health claim. “We noted that the Regulation…
The U.K. Advertising Standards Authority has reversed an earlier decision upholding two complaints alleging that Heineken UK Ltd.’s print and TV advertisements gave the impression that its Kronenbourg 1664 beer was brewed in France and made primarily from French hops, despite text disclaimers stating that the product was “Brewed in the UK.” According to ASA, Heineken argued that Kronenbourg 1664 “could correctly and reasonably be described as a ‘French beer’ because of its heritage, the origin of its recipe and the use of the Strisselspalt hop, as well as its ownership and the yeast type used.” In particular, the company noted that the aromatic Strisselspalt hop— though not the sole hop used in the beer—was the key ingredient in creating the beer’s final character and taste, attributes that could not be captured “from a simple calculation of the proportion in which [the Strisselspalt hop] featured in the recipe.” In its…
The U.K. Advertising Standards Authority (ASA) has dismissed a complaint alleging that a cereal advertisement shown at the beginning of a “U-rated” film “condoned or encouraged poor nutritional habits or an unhealthy lifestyle in children” and “disparaged good dietary practice.” Although Kellogg Marketing and Sales Company (UK) Ltd. included on-screen text stating the sugar content of the product and emphasizing the importance of a varied diet and lifestyle, ASA argued that the Coco Pops Rocks ad in question, which featured brand equity characters and aired before a movie, would appeal to children, “who would not have the reading comprehension skills or relevant knowledge to be able to interpret and understand the information about the sugar content of the product and that it should be eaten as part of a varied diet and active lifestyle.” “We also considered that, in the context of the exciting action in the visuals of the ad,…
The U.K. Advertising Standards Authority (ASA) has upheld a complaint claiming that alcohol ads were shown during YouTube videos intended for children. According to the agency, a series of children’s nursery rhyme videos featured advertisements for liquors sold by Wm Morrison Supermarkets PLC (Morrisons) even though both the company and YouTube took action “to prevent alcohol content from being served during content that was family-friendly.” Despite these precautions and YouTube’s warning that users should not access accounts “that declared they were over 18 years of age if they were watching YouTube with a minor,” ASA ruled that the ads in question violated CAP Code rules governing social responsibility, children and alcohol. “The ASA noted that both Morrisons and YouTube had processes in place that were intended to ensure that ads for alcohol were not directed at those under 18 years of age,” it explained. “However, we considered that the YouTube video…
The U.K. Advertising Standards Authority (ASA) has reportedly dismissed a complaint about a controversial National Health Service advertisement showing a tumor growing in the bottom of a beer glass with the tag line “the more often you drink, the more you increase your risk of developing cancer.” Promoted by the alcohol awareness charity Balance and shown in a section of England reported to have the country’s highest rates of alcohol related health problems, the advertisement depicts a man preparing a meal and pouring a beer into a glass. As the man drinks the beer, a tumor appears to slowly grow at the bottom of the glass and slide toward his mouth. A voice-over then states, “The World Health Organization classifies alcohol as a group one carcinogen … The more you drink and the more often you drink, the more you increase your risk of developing cancer.” Calling the ad “misleading and irresponsible,…
A recent analysis conducted by University of Liverpool researchers and commissioned by the campaign group Action on Junk Food Marketing has suggested that children in the United Kingdom are “bombarded” with as many as 11 junk-food advertisements during one hour of prime-time, family-oriented TV. Noting that almost one out of four TV ads shown between 8 and 9 p.m. promote unhealthy supermarket products, fast food, candy, and chocolate, the advocacy group, which includes the Children’s Food Campaign and British Heart Foundation, also observed that one-third of the ads conclude by showing a website or a Twitter hashtag—a reportedly popular way of targeting teenagers. Campaigners have asked the government to ban junk-food ads until after 9 p.m. and establish rules to prohibit Internet marketing. See BBC.com, March 20, 2014.
