Ad description
An ad, seen on the "Session & Fees" page of a nursery's website, stated "We provide SMA or Aptimil formula milk (under 1 Yrs old) ... for our babies".
Issue
The complainant challenged whether the claim "We provide SMA or Aptimil formula milk (under 1 Yrs old) ... for our babies" was misleading because they did not provide follow-on formula milk for six-month to one-year-old babies.
Response
Little Angels Nurseries Ltd said that they supplied SMA and Aptamil formula milk for babies below the age of one year. They provided copies of their "Daily Bottle Chart" which confirmed that they provided Aptamil 2 for babies between the ages of 6 and 12 months. They said that they did not provide follow-on milk as this was not generally requested by parents.
Assessment
Not upheld
The ASA noted the complainant's concern that the nursery did not provide Aptamil 3 follow-on formula milk. We noted, however, that Aptamil 2 was advertised with a feeding guide of nought to 12 months. We also noted that Aptamil's web page for Aptamil 3 stated "… can be used as a main drink, as part of a weaning diet, from 6 months" and that similarly, the UNICEF UK Baby Friendly Initiative's guide to infant formula stated "Follow-on milks are described as suitable for babies from six months of age. It is not necessary to move your baby on to these milks". We therefore understood that both Aptamil 2 and 3 were appropriate formula milks for babies between the ages of 6 and 12 months. As the nursery supplied the appropriate formula milk for babies between the ages of 6 and 12 months, we concluded that the ad was unlikely to mislead.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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) but did not find it in breach.
Action
No further action necessary.
