Claims on the website www.oppoicecream.co.uk, seen in May 2016, included, for example, “We’re on a mission to allow you to indulge in proper ice cream without sacrificing your health … What ice cream lovers say YUMMY AND HEALTHY! MOST DELICIOUS … AND HEALTHY! … Our three flavours combine a traditional ice cream favourite with a super-fruit boost … using superfoods to make indulgent fruit good for you … Being healthy doesn’t mean less indulgent … Health and indulgence are opposites no longer … Unhealthy indulgences are now irrelevant”.
Perfect World Ice Cream Company Ltd challenged the references to healthiness, “superfoods” and “super-fruit”, which were subject to Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (the Regulation), as reflected in the CAP Code.
Oppo Brothers Ltd t/a Oppo Ice Cream said they would remove the references to “superfoods” and “super-fruit” from their advertising, because there were no authorised health claims related to the ingredients spirulina, lucuma or baobab. They believed they could make an authorised health claim for their sugar replacement ingredients and so would accompany future references to healthiness with that claim.
The ASA acknowledged Oppo Ice Cream’s willingness to amend their advertising. The Regulation stated that only health claims listed as authorised on the EU Register of nutrition and health claims made on foods were permitted in marketing communications. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food and drink or ingredient and health. References to general benefits of a nutrient or food for overall good health or health-related well-being were acceptable only if accompanied by a specific authorised health claim.
We considered the references to healthiness, “superfoods” and “super-fruit” were likely to be understood as relating to general benefits of the products or their ingredients for overall good health or health-related well-being. However, they were not accompanied by any specific authorised health claim. We therefore concluded that the claims breached the Code.
The ad breached CAP Code (Edition 12) rule 15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim. (Food, food supplements and associated health or nutrition claims).
The ad must not appear again in its current form. We told Oppo Ice Cream not to make references to general benefits of a nutrient or food for overall good health or health-related well-being unless those claims were accompanied by a relevant, authorised health claim.