• Statements that a product is 100 per cent Aussie lamb , when the final product contains other ingredients ( McDonald ’ s Aust Ltd – 0159 / 15 ).
• The labeling of pork belly as pork spare ribs ( Coles – 0172 / 15 ).
• Showing pictures of fruit with a product that is only fruit flavoured ( Coca-Cola South Pacific – 0206 / 15 ).
• The suggestion that the advertised product is better for you than salad ( Yum Restaurants International – 0235 / 15 ).
• Claims that fruit cups are the best way to eat fruit ( Coca-Cola Amatil – 0293 / 15 , 0294 / 15 and 0310 / 15 ).
• Claims that lightly dried herbs are as good as fresh herbs ( Gourmet Garden – 0349 / 15 ).
In each of these cases the complaint was dismissed . In 2015 two complaints were upheld under Section 2.1 for being misleading or deceptive :
• An advertisement that suggested the products ingredients were all from Tasmania , when some were from China ( Fonterra Brands ( Australia ) Pty Ltd – 0113 / 15 ).
• A statement that suggested a product was a superfood and had a high protein content , when the product needed to be consumed with milk for it to contain protein ( Nestle Australia Ltd – 0225 / 15 ).
Section 2.2 - Excess consumption and undermining balanced diets
Section 2.2 of the AANA Food Code states :
Advertising or Marketing Communications for Food or Beverage Products shall not undermine the importance of healthy or active lifestyles nor the promotion of healthy balanced diets , or encourage what would reasonably be considered as excess consumption through the representation of product / s or portion sizes disproportionate to the setting / s portrayed or by means otherwise regarded as contrary to Prevailing Community Standards .
In 2015 two advertisements were considered by the Board in relation to this Section of the AANA Food Code :
• An advertisement for energy drinks which used characters that may be attractive to children raised concerns that this may contravene prevailing community standards ( Frucor Beverages Australia – 0171 / 15 ) had the complaint dismissed because the product was clearly labelled as being only for adults .
• An advertisement that showed a woman taking a break from running to eat chocolate raised concerns the advertisement was undermining the importance of a healthy lifestyle ( Nestle Australia Ltd – 0262 / 15 ) had the complaint dismissed because showing someone taking a break does not constitute being unhealthy .
Section 3 – Advertising to children
Section 3 of the AANA Food Code relates to advertising food or beverage products to children . In 2015 the board considered three cases under this Section of the AANA Food Code .
Section 3.1 - Misleading / urgency / price minimisation
Section 3.1 of the AANA Food Code states :
Advertising or Marketing Communications to Children shall be particularly designed and delivered in a manner to be understood by those Children , and shall not be misleading or deceptive or seek to mislead or deceive in relation to any nutritional or health claims , nor employ ambiguity or a misleading or deceptive sense of urgency , nor feature practices such as price minimisation inappropriate to the age of the intended audience .
In 2015 the Board considered one case under this Section . The case related to whether depicting fruit in an advertisement for a product that only contained fruit flavouring was likely to create the impression for children that the product contained fruit ( Coca-Cola South Pacific – 0206 / 15 ). Similar to their determination under Section 2.1 of the Code the Board dismissed the complaint as the product was clearly a soft drink and most members of the community would not consider it to contain fruit .
Section 3.5 – Pester power
Section 3.5 of the AANA Food Code states :
Advertising or Marketing Communications to Children shall not include any appeal to Children to urge parents and / or other adults responsible for a child ’ s welfare to buy particular Children ’ s Food or Beverage Products for them .
In 2015 the Board considered two advertisements under Section 3.5 of the AANA Food Code :
• A website which required the purchase of an ice cream to receive a code to unlock games ( Peters – 0146 / 15 ).
• A promotion where if a product was purchased free e-books of popular characters could be downloaded ( McDonald ’ s Aust Ltd – 0336 / 15 ).
The Board dismissed complaints against both advertisements finding that the advertisements did not include an appeal to children to urge adults to buy the products .
Section 3.6 – Premium
Section 3.6 of the AANA Food Code states :
Advertising or Marketing Communications to Children shall not feature ingredients or Premiums unless they are an integral element of the Children ’ s Food or Beverage Product / s being offered .
In 2015 the Board considered one advertisement under this Section of the Food Code ( McDonald ’ s Aust Ltd – 0336 / 15 ). In this case the Board determined that the product was offered instead of the toy in a happy meal , and considered this an integral element of the product being offered and therefore can be a feature of the advertisement .
52 Advertising Standards Bureau