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ASA Adjudication on Lactalis Nestle Chilled Dairy Co Ltd

Lactalis Nestle Chilled Dairy Co Ltd

Lactalis Nestle Chilled Dairy Co Ltd
St. George's House
Croydon
Surrey
CR9 1NR

Date:

16 September 2009

Media:

Television

Sector:

Food and drink

Number of complaints:

1

Agency:

Ogilvy & Mather Advertising Ltd

Complaint Ref:

100536

Ad

A TV ad, for Munch Bunch yoghurt, showed children playing in a garden while a cartoon cow said "Hi! I'm Munch! Let's play outside". A woman was shown carrying a tray of yoghurts while the cow said "Time for Munch Bunch!". The ad showed images of the yoghurt and a voice-over said "Discover new Munch Bunch Double-Up. Enjoy strawberry and vanilla side-by-side in one pot. An image of a pot of the yoghurt was shown next to a full glass of milk with on-screen text stating "1 pot = 100ml glass of milk". The voice-over continued "Each pot contains as much calcium as a glass of milk". Children were shown eating the yoghurt as the voice-over said "New Munch Bunch from Nestle. Now in strawberry and banana too!".

Issue

A viewer challenged whether the ad was misleading because he thought the amount of milk used to illustrate the equivalent amount of calcium was considerably more than 100 ml.

BCAP TV Code

Response

Nestle UK Ltd (Nestle) said that on-screen text clearly stated that one pot of the yoghurt contained the same amount of calcium as a 100 ml glass of milk and did not think that viewers would be confused by the image.

Clearcast said the concept of a glass of milk was a bit flexible and they required advertisers, particularly for children's products, to specify what size glass they were referring to. They said, in this case, there was no doubt over what size the glass was.

Assessment

Not upheld

The ASA noted, because the image of the glass of milk was shown alongside a superimposed image of a pot of the yoghurt, and in front of a cartoon cow, it was not possible to establish the proportions of any of the images shown.  We considered that on-screen text shown prior to and during the image of the glass of milk stated clearly that one pot of the yoghurt contained as much calcium as a 100 ml of milk. We concluded that viewers would understand that this was the amount of milk being represented in the glass and the ad was unlikely to mislead.

We considered the ad under CAP (Broadcast) TV Advertising Standards rules 5.1.1, 5.4.1 (misleading advertising) and 8.3.1a (Accuracy in food advertising) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Broadcast)

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