Ad description
a. A banner for McDonald's Fruitizz appeared on the Mumsnet website. The ad contained five slides which consecutively stated: "Pop the bubbles", "Fruitizz A bubbly way to 1 of your child's 5-a-day", "Fruit juice water and bubbles", " That's what makes Fruitizz. Get the Fruitizz facts. 1 of your 5-a-day based on approximately 150ml fruit juice per 250ml serving" and "That's what makes Fruitizz. Get the Fruitizz facts. Made with fruit juice concentrates".
b. A TV ad featured images of children playing with bubbles that were in the shape of fruits. The voice-over stated "Grape, apple, and raspberry juice with refreshing sparkling water. Fruitizz is full of fruity bubbles with no added sugar, artificial colours or flavours. And, it's one of your child's five a day". On-screen text stated "1 of your 5-a-day based on approximately 150ml fruit juice per 250ml serving. Made with fruit concentrates. Contains naturally occurring sugars only. Subject to availability".
Issue
Two complainants challenged whether the "1 of your 5-a-day" claims were misleading and could be substantiated.
Response
McDonald's Restaurants Ltd (McDonald's) stated that the advertised product was a 250 ml serving which contained approximately 150 ml of juice (grape, apple, raspberry and lemon) from concentrate. They said they ingredients were 62% fruit juice (from concentrate), water, natural flavourings and the preservative, potassium sorbate. They said that there was no added sugar. They explained that the word "approximately" (in reference to the 150 ml of fruit juice) was deliberately used in the ads because the in-store drinks fountain was calibrated to deliver 62% of fruit juice, which equated to 155 ml of fruit juice. They said this provided a margin of error to help ensure each serving contained at least 150 ml of fruit juice. They stated that the government guidelines of '5-A-DAY' claims were published on the Department of Health (DH) website which stated that "1 medium (150ml) glass of unsweetened 100% fruit juice can count as one portion". They also stated that licensing guidelines for the DH '5 A DAY' logo made clear that "100% juice" included 100% juices that were freshly squeezed, pasteurised, concentrated or long life.
They stated that it was important to note that food producers and retailers did not have to use the DH '5 A DAY' logo, which required a licence from the DH, and that they may instead use their own logo or messaging for their '5 A DAY' customer information. They said the ad made clear the 250 ml serving of Fruitizz contained approximately 150 ml of fruit juice and believed this was a sufficient portion of fruit juice to make a '5 A DAY' claim.
Clearcast said their nutritional expert was satisfied with evidence submitted by McDonald's that a serving contained enough fruit juice to make the one of your 5-a-day claim providing the ad included an explanatory qualification to indicate it was based on 150 ml of fruit juice per 250 ml serving. They stated that the TV ad therefore included on-screen text which stated "1 of your 5 a day based on approximately 150ml fruit juice per 250ml serving".
Assessment
Not upheld
Although not licensed under the DH 5-a-day logo system the ASA noted DH guidance stated consumers could get one of their 5-a-day from 150ml of 100% fruit juice from concentrate. We also understood the addition of 100 ml water (approx.) and natural flavourings and preservatives did not negate the 5-a-day benefits of that 150 ml of fruit juice providing the entire 250 ml serving was consumed. The TV ad included on-screen text and the banner ad included text which stated "1 of your 5-a-day based on 150ml fruit juice per 250ml serving" and we considered this made clear to consumers the basis of the 5-a-day claim.
We concluded that the "1 of your 5-a-day" claims in ads (a) and (b) had been substantiated and that the ads were not misleading.
We investigated ad (a) under CAP Code (Edition 12) rules 3.1 3.1 Advertisements 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 ad (b) under BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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 them in breach.
Action
No further action required.
