ASA Adjudication on Unilever UK Ltd

Ad

A TV ad for Flora, Flora Pro-Activ, Bertolli and I Can’t Believe It’s Not Butter spreads, stated in voice-over “So, have you heard the big fat truth? Not all fats are bad. The truth is, some fats are not only good, they’re essential. They’re called essential fats because we need them to grow, renew, be healthy today and tomorrow and one of the best sources is spreads like these because they are made from seed or vegetable oils for the essential fats in your daily diet. And that my friend is the big fat truth”. On-screen text stated “Specifically include Flora, Flora Pro-Activ, Bertolli or I Can’t Believe It’s Not Butter as part of a healthy balanced diet and lifestyle”.

The ad showed a spread on different types of bread and melting into peas, sweetcorn, asparagus and baked potato. On each occasion, the spread formed the words “FAT”, “BAD?”, “TRUTH”, “essential”, “need” “healthy” and “daily”.

Issue

Author on nutrition, Dr Barry Groves, and a second member of the public challenged whether the ad was misleading, because it:

1.  exaggerated the health benefits associated with polyunsaturated fat spreads; and

2.  encouraged the consumption of unhealthy levels of the spreads.

BCAP TV Code

Response

1.  Unilever UK Ltd (Unilever) explained that the health benefits of polyunsaturated fats (PUFAs) were well established in the scientific community and explained that those benefits included the provision of essential fatty acids (omega-3 (n-3) and omega-6 (n-6)); replacing saturated fat (SAFA); reducing bad and increasing good cholesterol; and being beneficial for heart health.  They said, in the UK, general consumption of SAFA was too high and dietary recommendations were to replace some of this with unsaturated fats (Monounsaturates (MONOs) and PUFAs).  They explained that unsaturated fats, particularly PUFAs, helped to lower cholesterol when substituted for saturated fat and sent references to scientific studies to support their view.  

They said some polyunsaturated fatty acids, alpha-linoleic acid (ALA) and linoleic acid (LA), members of the n-3 and n-6 fatty acid families respectively, were essential and had to be provided by the diet as the body was unable to make them.  They added that n-3 and n-6 were important structural components of cell membranes and were essential for various membrane functions such as fluidity, permeability, activity of membrane-bound enzymes and receptors and signal transduction.  They concluded, therefore, that PUFAs were vital in the diet and the ad did not exaggerate their scientifically proven benefits.

Clearcast said they were satisfied that the intention of the ad was to educate viewers to the fact that not all fats were 'bad' and that some fat was required in a healthy diet.  They believed the ad suggested that the specific products referred to were examples of fats that were 'good' and explained that the ad and supporting evidence had been assessed by an expert consultant who had advised that the ad's claims were accurate for the specific products referred to prior to its approval.   

2.  Unilever explained that one to two per cent of n-3 and n-6 was the minimum recommended daily energy intake amount required to prevent deficiency diseases.  However, they said the World Health Organisation and Food and Agriculture Organisation of the United Nations (WHO/FAO) stated that "Diets should provide an adequate intake of PUFAs ... in the range of 6-10% of daily energy intake for optimal health.  There should also be an optimal balance between intake of n-6 PUFAs and n-3 PUFAs ... 5-6% and 1-2% of daily energy intake respectively".  They said, although the UK intake of n-3 and n-6 was within the recommended ranges, many people would benefit from eating more to obtain the optimal intake range for good health.  They explained that, in real terms, this might be a daily intake of 20 g Flora, plus two teaspoons of rapeseed oil, one tablespoon of chopped walnuts and one tablespoon of sunflower seeds.  

Unilever said margarine was an important source of n-6 and n-3 and that a 20 g serving (the amount normally spread on four slices of bread) of Flora (Light and Original), Bertolli or I Can't Believe It's Not Butter contained at least 15% of the recommended level of either n-3 or n-6 fatty acids, or both, and as such could claim to be a good source of those nutrients in line with the EU Directive on nutrition labelling.  They believed the UK population could benefit from eating more n-3 and n-6 and margarine could provide a useful contribution to this intake, but the ad in no way encouraged excessive consumption.

Clearcast explained that, although their consultant had commented that all nutrients if taken in excess would contribute to overweight and obesity and had shown some concern that the ad suggested daily consumption, they were satisfied that the overall message conveyed was that not all fats were 'bad' and that some fat was required as part of a healthy diet. They believed the ad would not encourage excessive consumption.

Assessment

1.  Not upheld

The ASA considered that viewers would interpret the ad to mean that there were both 'good' and 'bad' fats and that some fats were not only good but 'essential', and would infer from it that essential fats were necessary to maintain health and one source of essential fats was spreads like those featured in the ad, because they were made from seed or vegetable oils.  We considered that viewers would understand the ad's reference to 'bad' fats as relating to SAFAs, and noted the advice of the Food Standards Agency (FSA) was that SAFAs, which they reported could raise cholesterol and lead to an increased chance of heart disease development, should be substituted for PUFAs and MONOs wherever possible and noted all of the spreads featured contained PUFAs rather than SAFAs.  

We acknowledged that the complainants were concerned because they understood that PUFAs, and particularly n-6 LA, when consumed in excess or in imbalance with n-3 levels, could be harmful to health.  We noted, however, that the ad referred to the intake of the products only as part of a healthy, balanced diet and lifestyle and considered that it was sufficiently clear that encouragement to consume PUFAs, or essential fatty acids such as n-6, was made in that context only.  We noted the ad incorporated the phrase "healthy" as a spread was shown being applied to a baked potato, but considered that viewers would interpret this in the context of the voice-over's claim that essential fats were required for growth and renewal and to maintain health, rather than as an implication that PUFA spreads in isolation were a healthy food.

We concluded that the ad did not misleadingly exaggerate the health benefits associated with polyunsaturated fat spreads.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1, 5.1.2 (Misleading advertising), 8.3.1(a) and 8.3.1(d) (Accuracy in food advertising) but did not find it in breach.

2.  Not upheld

We noted Unilever's comments about the WHO/FAO recommended optimal intake for PUFAs and their example of how the spreads could contribute to that.   We also understood that, although the FSA advised consumers to opt for foods rich in PUFAs rather than SAFAs, they also advised the importance of a diet low in fat to assist weight management.  

We noted the ad included several examples of PUFA spreads being used in context, including on vegetables and bread.  We considered, however, that viewers would understand that the examples represented occasions where fats were frequently added to foods and showed some of the ways in which essential fats could be incorporated into the diet.  We acknowledged that  the on-screen text  stated that the spreads should be included as part of a healthy, balanced diet and lifestyle and considered that the ad was likely to encourage viewers to use PUFA spreads as substitutes for other added fats, not to encourage them to introduce additional fats into their diet.  We concluded that the ad was therefore unlikely to encourage the consumption of unhealthy levels of PUFAs.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1, 5.1.2 (Misleading advertising), 8.3.1(a) and 8.3.1(d) (Accuracy in food advertising) but did not find it in breach.

Action

No action necessary.

Adjudication of the ASA Council (Broadcast)