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.
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