Advertising Standards Bureau Review of Operations 2016 2016 Review of operations_WEB - Page 53

• a protein ball was a good source of protein (Boost Juice Bars – 0207/16). • a product is Australian although owned by an overseas company (Coca-Cola Amatil – 0446/16). • an energy drink will allow you to ‘skill up’ and develop skills like escaping alien abduction and detecting a lie (Frucor Beverages Australia – 0528/16). • all beef patties sold at the chain are 100% Australian and have no added hormones (Hungry Jacks – 0095/16). • the advertised almond milk was high in calcium (Sanitarium Health and Wellbeing – 0534/16). • the supermarket with the phrase ‘we grow it’ suggests they grow every product sold in their stores (Spud Shed – 0191/16). • an advertisement that sold caramel products was promoting them as having ‘no added sugar’ (Stuart Alexander & Co Pty Ltd – 0344/16). • a statement is made suggesting the average adult daily energy intake is 8,700kJ (Subway Franchisee Advertising Fund – 0043/16). Section 2.2 - Excess consumption and undermining balanced diets • A website advertisement that stated a high acidic diet could result in increased likelihood of developing cancer, heart disease and diabetes and suggested that the advertised product is part of a solution to these serious illnesses (Alka Power – 0332/16). • A radio advertisement which stated that drinking the advertised product may help relieve migraines, asthma, diabetes and high blood pressure (Lithgow Valley Springs – 0348/16). Review of Operations 2016 An advertisement for chocolate which showed two adults sharing a block of chocolate (Mondelez Australia Pty Ltd – 0299/16 and 0300/16) had the complaint dismissed as there was no language or visuals in the advertisement that would encourage excess consumption. • An advertisement which states ‘nothing beats the heat of an Aussie Christmas’ like the advertised product (Woolworths Supermarkets – 0593/16) had the complaint dismissed as the advertisement was using puffery and was not suggesting that the product should be consumed instead of water. 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 2016 seven advertisements were considered by the Board in relation to this Section of the Food Code. • An advertisement for confectionary which showed bags of lollies being shared by people (Nestle Australia Ltd – 0385/16) had complaints dismissed as the focus was on portion control and each person was seen to only take one lolly. • An advertisement for a soft drink which showed two boys drinking the product on various occasions (Coca-Cola South Pacific – 0146/16) had the complaints dismissed as the advertisement did not suggest the product should be consumed all the time, merely focussed on a few moments. In each of these cases the complaint was dismissed. In 2016 two complaints were upheld under Section 2.1 for being misleading or deceptive. • • An advertisement for an energy drink where each can had a different skill listed on it with the caption ‘drink up, skill up’ (Frucor Beverages Australia – 0528/16) had the complaint dismissed by the Board as the advertisement did not suggest you needed to drink all the cans merely that you could select the can with the skill you would most like. • An advertisement for cereal products which included a brief scene of a woman tipping cereal into her mouth directly from the box (Kellogg (Aust) Pty Ltd – 0147/16) had the complaint dismissed by the Board as the advertisement did not show the woman consuming an excessive amount of food, rather highlighting one of the many ways their product could be consumed. Section 2.3 - unsupported nutritional/ health claims Section 2.3 of the AANA Food Code states: Advertising or Marketing Communications for Food or Beverage Products that include what an Average Consumer, acting reasonably, might interpret as health or nutrition claims shall be supportable by appropriate scientific evidence meeting the requirements of the Australia New Zealand Food Standards Code. In 2016 the Board dismissed a complaint against one advertisement under this section of the Code. • An advertisement for protein balls raised concerns because the balls contained more carbohydrates than protein. Boost Juice Bars – (0207/16) had the complaint dismissed because the balls contained at least 5.1 grams of protein and according to Australian New Zealand Food Standards Code can therefore be referred to as a source of protein. 51