ASA Adjudication on Arla Foods Ltd

Ad

An ad feature, for Lactofree, was headlined "LACTO FREEDOM If you're not able to tolerate dairy products, then think again - Lactofree is dairy you can enjoy". Text underneath stated "... Are you lactose intolerant? If you experience pain or discomfort after consuming milk, it's worth checking to see whether you could be lactose intolerant. The safest and easiest way to do this is to experiment with removing different items from your diet. Lactofree has created the Elimination Diet to help you do this (visit www.lactofree.co.uk) …".

Issue

The complainant challenged whether the ad:

1. discouraged essential treatment from a suitably qualified medical practitioner, and

2. misleadingly implied elimination diets were safe and easy.

CAP Code (Edition 11)

Response

1. Arla Foods Ltd (Arla) said their lactose elimination diet was devised by a registered dietician and subsequently scrutinised and approved by the British Dietetic Association (BDA). They maintained, however, that the ad did not discourage treatment of any kind as the diet, as detailed on their website, made clear that readers should consult a medical professional if symptoms did not improve. Arla also maintained that treatment for lactose intolerance, whilst beneficial, could not be considered to be 'essential'.

2. Arla pointed out that the ad referred only to their lactose elimination diet and was not intended to comment on how safe or easy other diets were. They sent details of the approval received from BDA and several other medical and dietary practitioners. They pointed out that lactose was not an essential food type and provided the view of an expert who advised that it could be safely removed from a person's diet. Arla also pointed out that the diet made clear that readers should consult a medical professional if symptoms worsened or did not improve.

Assessment

1. Not upheld

The ASA noted the complainant was concerned about the ad following advice she had been given about elimination diets. We also noted NHS advice for elimination diets in general advised people to talk to their GP. However, we considered that the ad focused solely on a diet intended to eliminate lactose.  We noted Arla had designed their diet plan in consultation with medical and dietary experts. We also understood that lactose intolerance was not considered to be a serious medical condition that required essential treatment. Nonetheless, we noted the diet detailed on Arla's website made clear that readers should consult a medical professional prior to starting the diet, if they had concerns, and also if symptoms worsened or did not improve following commencement of the diet. Because we understood lactose intolerance did not require essential medical treatment, and because the Arla website advised people to consult a GP in certain circumstances, we concluded that the ad was not in breach of the Code.

On this point, we investigated the ad under CAP Code clause 50.3 (Health & beauty products and therapies) but did not find it in breach.

2. Not upheld

We noted the complainant's concern but we considered that the claims 'safest' and 'easiest' were relative and likely to lead readers to infer merely that an elimination diet was easier and safer than other methods of diagnosing lactose intolerance; not that all elimination diets were safe and easy. We understood that the use of elimination diets was commonly accepted as a means of diagnosing food allergies. We also noted Arla had designed their diet plan in consultation with medical and dietary experts. We considered that readers were likely to understand what dieting entailed and noted the Lactofree website gave significant information on what the diet involved prior to readers starting it. We concluded that the claims were unlikely to mislead.

On this point, we investigated the ad under CAP Code clauses 7.1 (Truthfulness) and 50.2 (Health & beauty products and therapies) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)