ASA Adjudication on Ferrero UK Ltd

Ad

A TV ad, for Nutella spread, featured a split screen that showed a number of mothers in kitchens with their children. In unison, the mothers grabbed toast as it jumped out of toasters and spread Nutella onto it. The children were shown seated at tables set with a cereal bowl and glass of orange juice, while eating the toast and spread. The children were shown leaving for school and then playing a game in the background. The voiceover stated "We all want our kids to have a balanced breakfast with something like toast. But there's so much to choose from; what do we put on it? Nutella. Surprisingly, each jar contains 52 hazelnuts, the equivalent of a glass of skimmed milk and some cocoa. Nutella releases energy slowly, so it can be part of a balanced breakfast that can help to keep them going. Wake up to Nutella". On-screen text stated "Wake up to Nutella".

Issue

Which? and 52 viewers complained the ad misleadingly implied that:

1. Nutella was a slow energy release product, which they challenged because of the high sugar and oil content of the product;

2. Nutella contained only hazelnuts, skimmed milk and cocoa powder and

3. Nutella was more nutritious than it was, because it referred to ingredients such as hazelnuts, skimmed milk and cocoa powder but did not make clear that it was a high sugar and fat product.

BCAP TV Code

Response

1. Ferrero UK (Ferrero) said the claim that Nutella released energy slowly was based on independent research, using the accepted scientific research methodology for Glycaemic Index (GI) measurement, which evaluated the spread as a low GI food. They explained that low GI foods were those with a GI score between 1 and 39 and that Nutella fell within that range. They said the nature of the ingredients, which contained a proportion of monosaturated fatty acids as found in nuts, led to the low GI score for the product.

Clearcast said, before approving the ad, they sought advice from their nutritional consultant. The consultant looked at a large amount of evidence and concluded that, because Nutella was a low GI food, it could claim to be a slow energy release product.

2. Ferrero said they highlighted the hazelnut content of the product in the ad, because there had been a misconception in the past that Nutella was a chocolate spread rather than a hazelnut spread. They said the ad made no claim that the only ingredients were hazelnuts, skimmed milk and cocoa.

Ferrero said the nutritional content of Nutella was clearly and legally listed, defined and quantified per 100 g, as well as the recommended portion size of 15 g, on the packaging. They believed that it was clear to parents from the packaging what a portion contained.

Clearcast said advertisers were not obliged to refer to every ingredient in their product. They believed that most consumers would understand that products of this sort would contain sugar.

3. Ferrero reiterated that they believed the ad had not claimed that hazelnuts, skimmed milk and cocoa were the only ingredients in Nutella. They believed that the ad had stated clearly that Nutella could be used as part of a balanced breakfast. They maintained that a nutritionally balanced breakfast was one that provided a balance of essential nutrients such as carbohydrates, protein, fat, vitamins and minerals, which contributed to the days requirements, and they believed the ad made clear that Nutella could be eaten as part of such a balanced breakfast and not the sole food option. They believed that variety was an essential part of a healthy balanced diet and foods should be viewed as part of such a diet and not viewed in isolation. They believed the ad showed a typically balanced breakfast consisting of a bowl of low, or no-sugar cereal, Nutella spread on a slice of wholegrain toast and a glass of juice.

Ferrero said independent and registered dietitians had advised them that the recommended portion size of 15 g was acceptable and appropriate when incorporated as part of a nutritious, balanced breakfast. They said that the Eat Well Plate model, developed by the Food Standards Agency, included both sugar and fat in small quantities as part of a balanced diet and they believed their recommended balanced breakfast, as shown in the ad, was consistent with these guidelines. They said Nutella was advertised as an alternative to other breakfast spreads and they believed Nutella contained less sugar than most jams, marmalades and honey, and less fat than butter, margarine spreads and peanut butter. They believed that by encouraging the consumption of Nutella in an appropriate portion size as a spread, as part of a healthy balanced breakfast, children would be encouraged to develop regular balanced eating habits. Ferrero believed the ad highlighted and communicated both the need for breakfast and the role of Nutella as an accompaniment to toast as part of a nutritious and balanced breakfast.

Clearcast said they believed it was clear from the ad that it was breakfast that helped children to keep going and not Nutella alone. They believed that most consumers would understand that products of this sort would contain sugar.

Assessment

1. Not upheld

The ASA noted the Glycaemic Index (GI) was a numerical system that showed how fast particular foods caused a rise in blood sugar levels. We understood that a food with a high GI would produce a sudden rush in blood sugar, which, after the initial rush, would drop, causing energy levels to fall whereas a low GI food would keep blood sugar levels more stable.

We noted the research showed Nutella was a low GI food and that the nutritional expert consulted by Clearcast believed the research had been conducted to an accepted scientific methodology used for GI measurements. We also noted that Nutella had appeared on a published international table of GI foods and was listed as a low GI food. We acknowledged that Nutella contained a high level of sugar and fat but noted that the fatty acids in the product reduced the rate at which glucose was absorbed by the body. We concluded that, because Nutella was a low GI food, the claim that it released energy slowly was not misleading.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 8.3.1 (Accuracy in food advertising) but did not find it in breach.

2. Not upheld

We noted that Nutella contained sugar and fat as well as hazelnuts, skimmed milk and cocoa powder; however, we did not consider that viewers would infer from the ad that the three ingredients mentioned were the only ones in the product. We noted the ad referred to Nutella as a choice of spread to accompany toast and considered that viewers were likely to understand the reference to nuts, skimmed milk and cocoa in the context of those ingredients that differentiated Nutella from other spreads. We concluded that the ad was unlikely to mislead viewers into believing Nutella contained only nuts, skimmed milk and cocoa.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 8.3.1 (Accuracy in food advertising) but did not find it in breach.

3. Upheld

We acknowledged that the ad referred to Nutella as a product that could be enjoyed as part of a balanced breakfast. However, we considered that the reference to just hazelnuts, skimmed milk and cocoa powder, in the context of claims for the nutritional benefits of a balanced breakfast, created the overall impression that Nutella made a significant contribution to a balanced breakfast. We understood that small quantities of sugar and fat were recommended as part of a balanced diet, but noted Nutella had a high sugar and fat content. We considered that the ad misleadingly implied the spread made a more significant nutritional contribution to a balanced breakfast than was the case.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 8.3.1a, 8.3.1b, 8.3.1d (Accuracy in food advertising).

Action

The ad should not be repeated in its current form.

Adjudication of the ASA Council (Broadcast)