Advertising Standards Bureau Review of Operations 2014 - Page 49

nutritional profile is not of itself undermining a balanced diet or healthy lifestyle, if the advertisement does not depict or encourage excess consumption or contain messages that would undermine a balanced diet or healthy lifestyle (Fyna Foods - 0101/14, Unilever - 0089/14 and Peters - 0464/14 and 0465/14). Section 3 – Advertising to children In line with previous years’ determinations (Kraft - 0229/11 and Smiths - 0190/13) the Board found that the use of animation and bright colours in advertisements did not automatically equate to an advertisement with primary appeal to children. In the case 0257/14 (Wendy’s), the Board found that the animation used was of equal appeal to both adults and children, and therefore could not be considered as being directed primarily to children. In some cases food and beverage advertisements were upheld under the QSRI and RCMI Codes, however did not breach the Food Code. In most cases this was because under the QSRI and RCMI Codes food advertisements must promote physical activity and a healthy diet, whereas in the Food Code advertisements must not undermine these principles, but are not required to promote them (Kellogg’s - 0033/14 and YUM Restaurants - 0154/14). 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. In 2014 only four cases were considered under this Initiative, one more than in 2013, but significantly lower than the 15 cases considered in 2012. Three breaches of the QSR Initiative were found. Key issues to be drawn from cases considered by the Board during 2014 are: • • Technical Advice On occasions the information provided by the advertiser will be technical and it is 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 2014 the Board consulted with an independent expert in the following cases: (Kellogg’s -0232/14 and Unilever - 0399/14). The Quick Service Restaurant Initiative Complaints under the QSR Initiative, under the umbrella of the Australian Food and Grocery Council (AFGC), are administered by ASB. The QSRI obliges signatories to ensure that only food Review of Operations 2014 • 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 0154/14 (YUM Restaurants) concerned a television advertisement that was unknowingly broadcast in children’s time slots due to network changes. With 11 recorded instances of this advertisement being viewed in children’s viewing time and the product not being a ‘healthier’ dietary choice, the Board determined the advertisement was in breach and upheld complaints. An interactive game (available for download from the internet) was determined to be a marketing communication for McDonald’s and McDonald’s products (0166/14). The Board noted that this product was directly targeted to children, in terms of themes and visuals used, however as only the healthier option was shown in the game, and the game did promote a healthy lifestyle, the Board dismissed the complaint. Food vouchers must not be given to children unless they feature a healthier‑choice option. S1.5 of the QSRI states that vouchers for food cannot be given to children as awards or prizes unless those foods meet the Nutrition Criteria. In 2014 two advertisements were found in breach for distributing vouchers to children, one with no items shown, and one with unhealthy choice items shown, and the healthier choice option only mentioned (McDonald’s - 0230/14 and 0360/14). The Responsible Children’s Marketing Initiative Complaints under the Australian Food and Grocery Council’s RCM Initiative are also administered by the ASB. This initiative applies to advertising to children under 12, and limits marketing communications to children only when it will promote healthy dietary choices and healthy lifestyles. In 2014 the Board considered seven cases under this initiative, slightly less than the nine in 2013. Of the seven cases, two were upheld. Placement of advertisements In 2014 the definition of media under the RCMI was broadened to include advertiser websites. In 2014 a number of cases were considered in relation to this medium (Unilever - 0089/14, Kellogg’s - 0033/14 and Lion - 0075/14). 0033/14 (Kellogg’s) was an interactive online game that required the purchase of the product to play. The Board found that this was enough to determine the online game was an advertisement for the product, regardless of visuals in the game itself. An advertisement that was shown on the children’s channel Nickelodeon was found to be directed primarily to children by its broadcast on that channel (Unilever - 0399/14). Advertisement directed primarily to children (visuals, theme and language) The Board reiterated in several cases that for adver tisements that are not shown in children’s programming or in programs with a high child audience, to come within the RCMI the Board must find that the advertisement is aimed in the first instance at children. Although an advertisement may be attractive to children, the Board can determine that an advertisement is not directed primarily to children and therefore the RCMI does not apply (Kellogg’s - 0221/14 and Nestle - 0097/14). 47