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 to around 20 almonds per
one liter pack.”

ASA ultimately agreed with Alpro, concluding that all almond milk varieties
contain a relatively low percentage of almonds. “We considered that, whilst
consumers might not be aware of exactly how almond milk was produced,
they were likely to realize that almonds could not be ‘milked’ and that the
production of almond milk would necessarily involve combining almonds
with a suitable proportion of liquid to produce a ‘milky’ consistency,”
concluded ASA’s adjudication, which found that neither ad in question
breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising).

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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