Food advertising coming to the boil
10 March 2005
The ASA upheld complaints about a press ad for McDonalds
Along with alcohol, food marketing has recently found itself coming under close scrutiny and, from some quarters, criticism. Open a newspaper or switch on a news programme and invariably you will find a discussion centring on the obesity crisis facing the nation and the effects of junk food advertising on children.
The Government is taking an active interest in the debate. Its Public Health White Paper (November 2004) looked at how to encourage healthy lifestyles and one of the key subjects it focused on was whether the food industry should have a role in improving the nation’s health. Food has certainly become a political hot potato.
What constitutes a ‘healthy balanced diet’ is becoming a pivotal question. Organisations such as the Food Standards Agency (FSA) are pushing for food manufacturers and advertisers to label the nutritional content of their products clearly. Special attention is being paid to foods that are high in fat, salt and sugar.
Food advertisers are being monitored from all sides and both broadcast and non-broadcast advertising is on the agenda. The Government has asked Ofcom to review the broadcast ad codes and consult on proposals for tightening the rules on broadcast advertising, sponsorship and promotion of food and drink. The industry is being asked to help make a difference through initiatives such as funding positive health campaigns. If the Government sees no discernible evidence to suggest that the measures the industry adopts are having an effect on the nature and balance of food promotion to children by January 2007, the industry faces the prospect of Government intervention in the form of new legislation or the tightening of existing regulation.
CAP is keeping a close eye on proceedings and, with Ofcom, BCAP is set to review the TV Code in response to the White Paper.
Although changes in advertising regulation and legislation may be on the horizon, food advertisers already have first-hand experience of the CAP Code being robustly administered by the ASA. McDonald’s encountered problems when they used the headline, “The story of our fries. (End of story)” to illustrate that producing their fries was an uncomplicated, no frills process. The Food Commission and members of the public objected on the grounds that the claim “We peel them, slice them, fry them and that’s it” did not illustrate clearly the process involved in producing the fries. The complainants believed the process included flash frying in beef tallow, the addition of salt, and in some instances sugar solutions, and the use of gluten from ‘cross-over’ in cooking oil.
The ASA was satisfied that the fries were gluten-free but thought readers could infer wrongly from the statements “End of story” and “that’s it” that the ad described the full process involved in producing the fries. The advertisers were told not to repeat the approach again. Click here to read the adjudication. Similarly other food advertisers, such as Kelloggs and Unilever Bestfoods, have both had to accept that their claims about their products (Frosties and Knorr Vie soups) should be able to stand rigorous scrutiny and be backed with solid substantiation. Click to read the ASA adjudication on Frosties and Knorr Vie.
With the CAP Code having been firmly implemented, food advertisers have first-hand experience of the necessity for co-operation within the self-regulatory structure. CAP and BCAP, like everyone else involved in food marketing, is keeping up with developments and working hard to ensure its members are given a workable framework in which to adapt to the eventual new rules for food advertising, whatever they might be.