Advertising Standards Bureau Review of Operations 2015 | Page 53

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Food and beverage advertising

There are a range of self‐regulatory Codes and Initiatives which control advertising of food and beverages and advertising to children generally .
It is important to note the scope and intention of these Initiatives and of the AANA Codes which also regulate food and beverage advertising . These Codes and Initiatives do not purport to stop all advertising of food and beverages to children .
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AANA Food and Beverages The Board has a special role given the broad INDEPENDEN principles in the various Codes and its role as set
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Communications Code and other sources such as the Food and Beverage CODE Practice Note . The Board reflects community
The ASB administers the AANA Food standards and expectations and these necessarily and Beverages Advertising and Marketing change over time .
Communications Code ( the AANA Food Code ). The AANA Food Code has provisions focussing on advertising food and beverages generally . Part 3 of this Code has specific restrictions about advertising food and beverages to children and these are discussed below .
During 2015 , 19 cases were considered under the AANA Food Code , two of which were also considered under the Australian Food and Grocery Council ( AFGC ) Initiatives and are discussed below .
The main issues considered in cases considered primarily under the AANA Food Code during 2015 relate to truth and accuracy .
Section 2.1 - Truth and accuracy / Nutritional composition of the product
Section 2.1 of the AANA Food Code states :
Advertising or Marketing Communications for Food or Beverage Products shall be truthful and honest , shall not be or be designed to be misleading or deceptive or otherwise contravene Prevailing Community Standards , and shall be communicated in a manner appropriate to the level of understanding of the target audience of the Advertising or Marketing Communication with an accurate presentation of all information including any references to nutritional values or health benefits .
The Board does not determine as a legal matter whether an advertisement is misleading , nor does it reach a legal opinion . Its task is to reflect the community ’ s attitude — to assess whether the advertisement meets current community expectations for truthfulness given what the
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Complainants and advertisers each put their own submissions about what the community believes and understands , but it is for the Board to assess what the community would take from an advertisement and whether reasonable members of the community would consider the advertisement misleading .
By upholding or rejecting a complaint , the Board determines whether the community considers an advertisement acceptable or not . In this way , it provides guidance to advertisers and assists in maintaining confidence in advertising .
During 2015 , 15 cases were considered under this Section of the AANA Food Code .
A number of complaints concerned the truthfulness of statements made in advertisements for food products including :
• Whether a product can be considered ‘ home made ’ when the process consists of adding water to purchased powder ( Easiyo – 0117 / 15 ).
• A suggestion that a powdered beverage product is high in protein , when the protein comes from the milk added to the powder ( Nestle Australia Ltd – 0128 / 15 ).
• Whether a supermarket chain that advertised having freshly baked products in their stores needed to specify locations where there was not an in-store bakery ( Woolworths Supermarkets – 0133 / 15 ).
• Images in an advertisement which were suggestive of a different country of origin than the product ’ s country of origin ( Simplot Aust Pty Ltd – 0134 / 15 ; and Golden Circle Ltd – 0451 / 15 ).
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