Ad description

A TV ad for SMA Nutrition's website featured a pregnant woman sitting and talking on the phone while looking at SMA's website on a laptop. As she stood up the scene moved on and showed the woman holding a newborn baby next to her partner, who was looking at a page on SMA's website entitled "How to breastfeed", which was briefly visible to viewers. A voice-over said, "There's nothing more important than what you do for your baby at the start, because that’s what affects their future." The camera panned briefly past SMA information sheets on a fridge and into the kitchen, where the baby, aged around 9 months, was being spoon-fed by her father. The camera panned past an SMA recipe card and showed the baby, now aged around 12 months, crawling on the floor. The voice-over continued, "That's why at SMA we offer as much help as possible. Like lots of expert advice to support healthy growth and development." The child was shown running towards her parents, aged two or three years old, then running back into the kitchen aged around four years. The voice-over continued, "For videos, help sheets, recipes and so much more visit smanutrition.co.uk. SMA, small steps for their future."

Issue

Forty-three viewers challenged whether the ad indirectly promoted SMA's infant formula milk, a prohibited product, by featuring a pregnant woman and a baby who appeared to be less than six months old.

Response

Pfizer Nutrition (SMA) said that the ad did not include any references to formula, bottle-feeding or associated infant nutrition products and the only reference to infant feeding was to breastfeeding. The ad did not feature any SMA products.

SMA believed that the ad clearly promoted the SMA website and focused on SMA services relevant to pregnancy and early childhood. They considered that the presence of a pregnant woman and a baby were compatible with the focus of the ad and compatible with the information available on the SMA website.

Clearcast said whilst the baby in the ad appeared to be less than six months old, they considered that the baby’s appearance, as well as the inclusion of the pregnant woman would be interpreted as illustrating a child’s early stages. They noted the ad did not refer to infant formula and no SMA products were featured. The ad showed a father looking at the page on SMA's website entitled “How to breastfeed” which was clearly legible and visible.

Clearcast said that the voice-over stressed what SMA offered; “... as much help as possible” at the start of the baby’s life with “lots of expert advice to support healthy growth and development” including “videos, help sheets, recipes and so much more”.

Assessment

Not Upheld

The ASA understood that viewers would be aware that SMA made formula milk. However, we noted that the ad did not feature any individual SMA products but rather that it promoted the SMA nutrition website. We considered the ad promoted the advice which could be found on the website and the format in which that advice could be found: videos; help sheets; and recipes. We considered that the inclusion of a pregnant woman and a baby, who appeared to be younger than six months old, was likely to be seen as an indication of the advice that could be found on the website, which we understood was the case. In that context, we did not consider that their inclusion was likely to be seen as indirectly promoting SMA infant formula, which was a prohibited product. We therefore concluded that the ad did not breach the Code.

We investigated the ad under BCAP Code rules  10.2 10.2 No advertisement may indirectly promote an unacceptable product or service. For example, advertisements must not refer the audience to a website or a publication if a significant part of that website or publication promotes a prohibited product or service.  (Prohibited categories) and  13.8 13.8 Advertisements for infant formula are prohibited.  (Infant and Follow on Formula) but did not find it in breach.

Action

No further action necessary

BCAP Code

10.2     13.8     13.8.1    


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