ASA Adjudication on Innocent Ltd

Ad

A TV ad, for smoothies, showed a carton in a field, surrounded by a pile of fruit. The voice-over stated “Hello! We're Innocent. Do you sometimes find it difficult to get your 5-A-Day? Well, each one of our cartons contains all this fruit, which means each glassful contains two whole portions. Two of your 5-a-day". The text “2 of your 5-a-day” was featured on screen, above a drawing of a glass and an arrow then pointed from the text “2 of your 5 a day” to the glass. Small print at the bottom of the screen stated “per 250 ml serving”. The voice-over continued “Done and dusted. Life’s very kind sometimes. Innocent smoothies, a gentle nudge towards your 5-a-day”. A range of smoothie bottles was pictured on screen and text stated “Innocent smoothies … a gentle nudge towards your 5-a-day.”

Issue

Seven viewers objected that the claim "Each glass contains two whole portions. Two of your 5-a-day" was misleading, because they believed that smoothies counted as one portion of fruit only, regardless of the volume in which they were consumed.

BCAP TV Code

Response

Innocent Ltd (Innocent) said the Department of Health (DH) had recently changed their guidance on 5-a-day relating to smoothies and they had worked with those organisations and nutritionists to establish that the 250 ml Innocent smoothies could be considered to be two portions.  They provided documentation outlining the consultation process and in support of the claim.

Clearcast stated they had sought the view of their consultant regarding an earlier script which made a similar claim, and felt the advice stood for this ad; they provided the advice and supporting documentation.  They believed the ad suggested that a 250 ml glass would help towards achieving viewers' 5-a-day, as some viewers found it difficult to achieve.  They hoped that viewers would not be tempted to only drink smoothies, but to take up their extra portions in the form of fruit.  They considered the ad's message was healthy and beneficial.

Assessment

Not upheld

The ASA noted the Food Standards Authority (FSA) and DH guidance, which outlined that, under certain circumstances, smoothies could make up two portions of a person's 5-a-day.  The DH guidance stated that the number of 5-a-day portions per smoothie depended on the quantity of fruits or amount of fruit juice used and how the smoothie had been manufactured; for example, it should contain all the edible parts of the fruit (after it had been pulped) and could include 100% pure fruit juice.

We consulted the FSA and the DH regarding Innocents 250 ml smoothie range.  The DH looked at the content of each smoothie currently offered by Innocent.  We understood that each 250 ml serving contained all the edible parts of the pulped fruit, contained a sufficient amount of edible fruit and of fruit juice, and, additionally, did not include a dairy product.  Because of that, we understood that a 250 ml portion from Innocents current smoothie range, could provide two portions of a persons 5-a-day.  We therefore did not object to the claim and concluded the ad was not misleading.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1, 5.1.2 (Misleading advertising) and 5.2.2 (Claims), but did not find it in breach.

Action

No further action necessary

Adjudication of the ASA Council (Broadcast)