Advertising Standards Bureau Review of Operations 2016 2016 Review of operations_WEB | Page 52

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.
AANA Food and Beverages
Advertising and Marketing
Communications Code
The ASB administers the AANA Food
and Beverages Advertising and Marketing
Communcations 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 2016, 21 cases were considered under
the AANA Food Code, two of which were also
considered under the RCMI or QSRI and are
discussed below.
The main issues in cases considered primarily
under the AANA Food Code during 2016 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
advertisement conveys to ordinary consumers.
The Board has a special role given the broad
principles in the various Codes and its role as set
out in the Complaints provisions of the Codes
and other sources such as the Food and Beverage
Practice Note. The Board reflects community
standards and expectations and these necessarily
change over time.
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
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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
maintenance of confidence in advertising.
An independent expert is consulted by the
ASB and provides advice to the Board on
technical matters.
During 2016, 16 cases were considered under this
Section of the Code.
A number of complaints concerned the
truthfulness of statements made in advertisements
for food products including that:
• a spread is made from both butter and olive
oil (Unilever Australasia – 0229/16).
• the advertised dessert product is made from
Australian dairy (Unilever Australasia –
0302/16).
• a confectionary advertisement that stated
wellness was having loads of fun but staying
balanced (Nestle Australia Ltd – 0385/16).
• toddler milk containing A2 protein, not A1
protein, was good for toddlers’ development
(A2 Milk – 0241/16).
• chickens depicted in advertisements were an
accurate representation of how the chickens
were actually housed (Milne Agri Group (Mt
Barker) – 0035/16 and Baiada Poultry Pty
Ltd – 0121/16).
Advertising Standards Bureau