Ad description
Two outdoor ads for Up&Go drink:
a. A bus shelter poster included the claim “AUSTRALIA’S NO.1 BREAKFAST” in large text. Small print at the bottom of the ad stated “Source: IRI-Aztec, AU Grocery, Value Sales, 2014”.
b. A poster displayed on the side of a bus included the same claim as ad (a).
Issue
Two complainants challenged whether the claim “AUSTRALIA’S NO.1 BREAKFAST” could be substantiated.
Response
Life Health Foods UK Ltd t/a Up & Go said that they were the top selling breakfast product in Australia in terms of value of sales and that, for brand size, the widely used standard industry measure was sales value. They provided a report by IRI-Aztec, as referenced in ad (a), which showed the ranking of the top 10 breakfast aisle products in Australia in 2014, as well as for the 12 months up to June 2015. Although they had intended the claim to be based on sales value they said that they were also the top selling breakfast product in Australia in terms of unit sales. They provided a further report of both sales value and unit sales from an independent consumer insights company for 2014, as well as for the 12 months up to June 2015, to substantiate this.
Assessment
Not upheld
The ASA considered that consumers would understand from the claim “AUSTRALIA’S NO.1 BREAKFAST” that Up&Go was the best-selling breakfast product in Australia. Small print in ad (a) did refer to “value sales” but we considered that the size of that print meant that it would not be read by consumers and that it also contradicted the likely impression of the claim. We therefore considered that to substantiate the claim we would need to see evidence of unit sales. Life Health Foods had provided evidence from an independent consumer insights company that they were the top selling breakfast product in Australia in terms of unit sales and we therefore concluded that the claim “AUSTRALIA’S NO.1 BREAKFAST” had been substantiated.
We investigated the ads under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.38 3.38 Marketing communications that include a comparison with an unidentifiable competitor must not mislead, or be likely to mislead, the consumer. The elements of the comparison must not be selected to give the marketer an unrepresentative advantage. (Comparisons with identifiable competitors), but did not find them in breach.
Action
No further action necessary.
