Advertising Standards Bureau - Review of Operations 2013 | Page 48

complaints that advertising a product of a
particular nutritional quality is not of itself a
breach of prevailing community standards and
does not breach section 2.1 of the Food Code.
Particular cases taking this approach are: 0237/13
– Kellogg’s, 0258/13 - Kellogg’s, 0190/13 Smith’s Snackfood Co Ltd.

Depiction of a product as a meal
replacement (section 2.8)
A complaint that an advertisement depicted
a product as a meal replacement for women
trying to lose weight was dismissed (0442/13 Pharmacare laboratories).

Other issues raised under the Food Code
The issue of whether or not a claimed weight
loss was achievable or contrary to community
standards on health was referred to the Weight
Management Council for consideration under the
Weight Loss Code.

•

t
he communication is directed primarily to
children (regardless of its placement); and/or

•

t
he medium is directed primarily to children
(in relation to children this includes all C and
P programs and G rated programs that are
directed primarily to children); and/or

•

t
he medium attracts an audience share of
greater than 50% children.

2013 was a quiet year for complaints under this
Initiative with only three cases being considered
under the QSRI compared to 15 cases in 2012.
One breach of the QSR Initiative was found
(0244/13 - McDonald’s).

Cases for 2013

The Quick Service
Restaurant Initiative
Complaints under the QSR Initiative (now under
the umbrella of the Australian Food and Grocery
Council) are also administered by ASB. The
QSRI obliges signatories to ensure that only food
and beverages that represent healthier choices
are promoted directly to children and to ensure
parents or guardians can make informed product
choices for their children. The initiative applies to
advertising to children under 14.
From 1 November 2012 the Initiative applied
to advertising and marketing communication to
children where:

46

Of course the QSRI also applies, regardless of

medium, if the game itself is directed primarily to
children under 14.
“The Board considered that the visuals in this
game – the popcorn chicken in particular
– would be attractive to children under 14.
However the Board considered that there
is no particular context or images that give
the cartoon characters particular direction to
children. The Board considered that children
under 14 are unlikely to be particularly aware
that the man in the game is Colonel Sanders
or of his relationship with KFC given the
changed marketing for KFC in the last 20
years - compared to the advertising from
1970s to 1990s where the product Kentucky
Fried Chicken was inherently linked to
the Colonel. The Board considered that in
particular this aspect of the game is more
appealing and understandable by adults. The
Board also noted the popularity of ‘retro’
references to young adults and considered
that the Colonel Sanders role in the game
is in this vein. Overall the Board considered
that the visuals in the game would be
attractive to children, but considered that
the visuals in the game are not of primary
attraction to children.”

Key issues to be drawn from cases considered by
the Board during 2013 are:
•

the advertisement must be in media directed
primarily to children (or with a high child
audience) or be of itself directed primarily to
children. Case 0356/13 (Yum Restaurants)
concerned an advertising lift out in a school
holiday program publication. In this case
the Board considered that the advertisement
itself, while potentially attractive to children,
was not directed primarily to children. The
Board also determined that the publication
in which the advertisement appeared was
not directed primarily to children but rather
to parents.

•

A
n interactive game (available for download
from the internet) was determined to be a
marketing communication for KFC and
for KFC products (0383/13). The Board
noted that the game depicted images of some
food products, and that when played it was
possible to win discount vouchers for KFC
products. The Board had to consider whether
an App available for download is a medium

Technical advice
On occasions the information provided by the
advertiser will be technical and it will be beneficial
for the Board or Bureau to obtain independent
expert advice on the information so that it is able
to be presented to the Board in terms that are
easy to understand and/or support, or otherwise,
the statements made by the advertiser. During
2013 the Bureau did not request advice from its
independent expert on any issue.

children. The Board acknowledged that Apps
require an account holder to be over 13 and
that the age gating on the game require that
the game is downloaded to only people 14
and over. The Board considered that this
medium is not directed primarily to children.
The Board also considered that the medium
of an interactive game or App is not a
medium that is directed primarily to Children
as there are many Apps and games available
in the modern Australian community for a
wide range of age groups.”

directed primarily to children or has a high
child audience. The Board considered:

“With regard to points 2 and 3, the Board
considered that an App available for
download from iTunes (or similar internet
based services) is not availab