ASA Adjudication on Waitrose Ltd

Ad

Two TV ads and a press ad for a supermarket.

The TV ads showed the chefs Heston Blumenthal and Delia Smith. Both later showed Heston Blumenthal with pigs that wandered outdoors in a field, while a farmer fed them; they put straw into nearby sties. On-screen stated “Breeding sows, Norfolk”.

(a) The first TV ad showed the chefs discussing food; they stated “now, it’s even more important to point people in the right direction to get the right ingredients if they’re going to be able to cook well”; “and that’s the great thing with putting your confidence in someone like Waitrose; they’ve been supporting British farmers for decades”.

Heston Blumenthal then appeared outdoors with the pigs and stated “In my opinion, some of the best tasting pork comes from British pigs that have been outdoor bred, just like these porkers from Norfolk. And this is where it all begins. Phil Ellis has been supplying quality British pork for the past 18 years. So, Phil, what is it about outdoor bred pigs that makes the meat taste so good?”; the farmer replied “I think it’s got to be the environment they’re living in; plenty of fresh air, cereal-based diet and of course a comfortable bed”. Pigs were shown laying on a bed of straw in the sty; Heston Blumenthal stated “I’ll tell you what, right now, I wouldn’t mind getting in there and having a lie down. That looks pretty comfortable doesn’t it?”. The two men were then shown in a kitchen; Heston Blumenthal stated “So, Phil, this is essential Waitrose pork … ”.

(b) In the outdoor scene in the second TV ad Heston Blumenthal stated “Waitrose essential pork comes from pigs that are outdoor bred. Happy pigs do make for great tasting pork”; the farmer said “I couldn’t agree more”.

(c) The press ad was headlined “This week, try Heston’s tip for perfect pork”; it included the text “All essential Waitrose pork and bacon comes from British outdoor bred pigs … ”.

Issue

The ASA received five complaints from members of the public, who challenged whether the ads misleadingly implied Waitroses pork came from pigs that spent the duration of their lives outdoors, whereas they understood the pigs were reared indoors in confined conditions after a few weeks.

1. Four viewers challenged whether the TV ads were misleading.

2. One complainant challenged whether the press ad was misleading.

CAP Code (Edition 11)

BCAP TV Code

Response

1. & 2. Waitrose said "outdoor bred" was a standard term that had become widely used in recent years. They said it had an industry-wide, recognised meaning: that pigs were born in fields, where they were kept until weaning, and then they were moved indoors, into light and airy sheds with straw. They said farrowing crates (stalls for sows feeding young) were not used. Waitrose said "outdoor bred" had a meaning distinct from "outdoor reared", which was another industry-standard term that meant pigs were reared for approximately half their lives in fields. They said they were very mindful of using the correct term in the ads and deliberately did not use "outdoor reared"; they believed "outdoor bred" was however an accurate description and was not misleading. They stated that a farm animal welfare charity advised on their website that consumers should look for "outdoor bred" or "outdoor reared" on labels. Waitrose provided details of that website, which included definitions of both terms.

They said they were committed to, and constantly strived to achieve, high standards of animal welfare and were proud that even the cheapest pork and bacon they sold, essential Waitrose, was from "outdoor bred" pigs. They said all of their pig farmers worked to the high standards set by the freedom food scheme and their commitment had been praised by animal charities; they had also won awards from one charity and had been ranked as number one UK supermarket for its high pork and bacon welfare standards in 2010. Waitrose said they were proud to be open with their customers about the way in which essential Waitrose pork was produced; publications, called "Why Waitrose pigs are happy ... ", were available in stores and detailed information was also available on their website; they provided a copy of the leaflet and details from the website and pointed out that the press ad included a web address. They said the essential pork packaging also made clear that the pigs were bred outdoors and then housed in barns.

In relation to point one, Clearcast said they had sought, and received, an assurance from Waitrose, which stated that all their pigs were " ... outdoor bred, and reared in light, airy straw bedded sheds, with natural lighting and fed a natural, cereal based diet ... "; Waitrose also informed them that the farms were predominantly in East Anglia, where the soil conditions and rainfall were ideal for pig farming and the pigs were reared by carefully selected British farmers. Clearcast said when they saw the finished ad they were happy that the depiction of the animals and their environment was accurate.

Assessment

1. Upheld

The ASA acknowledged "outdoor bred" was a term that might be commonly understood in the pig farming industry. We considered, however, the average viewer was unlikely to be aware of its particular meaning. We noted ad (a) showed pigs laying on straw indoors as well as roaming outside but considered, particularly because the farmer stated that the pigs meat tasted good because of " ... the environment theyre living in; plenty of fresh air ... and of course a comfortable bed", that scene was likely to be interpreted as suggesting that, although the pigs slept inside, they lived outdoors for the duration of their lives. We noted the pigs in ad (b) were also shown wandering outside and that the ad included the statement Happy pigs do make for great tasting pork"; to which the farmer responded "I couldnt agree more". We noted the on-screen text "Breeding sows, Norfolk" was displayed during those scenes; we understood the text referred to sows that were used to breed the pigs, which were in turn used to produce the pork. We considered, however, the text contradicted the overall impression of the ads, which repeatedly referred to the pigs that were used to produce the pork rather than to breeding sows.

We considered, particularly in the context of ads that showed pigs outdoors and referred to the "happy" pigs and pigs that got " ... plenty of fresh air ... ", viewers were likely to understand "outdoor bred" to mean that the pigs that were used to produce the product spent the duration of their lives outdoors. Because that was not the case, we concluded that the ads were misleading.

Ads (a) and (b) breached CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 (Misleading advertising).

2. Upheld

We again acknowledged "outdoor bred" was a term that might be commonly understood in the pig farming industry; we considered, however, the average consumer was unlikely to be aware of its particular meaning. Without any explanation of its meaning, we considered readers were likely to understand "outdoor bred" to mean that the pigs used to produce the product spent the duration of their lives outdoors. Because that was not the case, we concluded that the ad was misleading.

Ad (c) breached CAP Code (Edition 11) clause 7.1 (Truthfulness).

Action

The ads must not appear again in their current form. We told Waitrose to ensure future marketing communications were not misleading.

Adjudication of the ASA Council (Broadcast)

Adjudication of the ASA Council (Non-broadcast)