Ad description

A TV ad for the pet food brand Go-Cat seen on 3 March 2018. A voiceover stated, “This is an announcement. Go-Cat now has no added artificial colours with the same great taste. Here's the proof …” A video then played which showed cats playing and jumping. The voiceover then said, “Healthy, happy cats. Go-Cat, for happy, healthy cats with no added artificial flavours, preservatives and now with no added artificial colours.”

Issue

The complainant challenged whether the claim “Healthy, happy cats” was misleading and could be substantiated.

Response

Nestlé Purina Petcare t/a Purina said Go-Cat delivered 100% complete and balanced nutrition and was carefully formulated to include a combination of proteins, vitamins and minerals that cats needed. They said their experience was in cat nutrition and with the support of specialist software they were able to calculate the correct nutrients for every product.

Purina said that Go-Cat was, as defined by EC Regulation 767/2009 for the sale of pet food, a complete cat food, meaning a compound feed which, by reason of its composition was sufficient each day to satisfy all of a cat's energy and nutrient requirements.

Purina said that when a complete pet food was fed for an extended period of time as the only source of nutrients (i.e. covering the whole period of the life stage) it would provide all its nutritional needs.

Purina said that their pet food complied with FEDIAF nutrient guidelines, the European Pet Food Manufacturers' Trade Association.

Purina said every batch of Go-Cat underwent a strict, 50-step quality assurance process in their factories using validated methodologies. They said that batches of Go-Cat were selected at random for testing in accredited laboratories. They said the testing showed that Go-Cat consistently met or exceeded the FEDIAF minimum nutrient guidelines. In the rare event that some batches did not meet those standards there were robust procedures in places to address and rectify formulation issues.

Purina also provided a spreadsheet that stated the nutrients and the total composition of those nutrients in each of its 12 Go-Cat food products, including whether the amount of a particular nutrient met the FEDIAF guidelines. They also provided batch testing reports for two of its products.

Clearcast said that, at the script stage of the campaign they received full nutritional details from the advertisers for the Go-Cat range which showed Go-Cat could provide a complete and balanced meal for cats. They said it was therefore reasonable for advertisers to make claims related to how their products could support a healthy lifestyle for cats provided that the owners followed the correct feeding guidelines.

Clearcast said they did not ask Purina to provide substantiation for the claim about "happy cats" because they considered it was reasonable to assume that the happiness of a cat was to a large extent dependent on it receiving a regular balanced diet which could be provided by Go-Cat.

Assessment

Not upheld

The ASA considered that consumers would understand the claim "healthy, happy cats" to mean that Purina's range of 12 Go-Cat cat foods were all capable of helping to maintain a balanced and nutritious diet for cats.

We were provided with reports that showed the nutritional profile of all of Go-Cat products against FEDIAF guidelines, which showed that the ingredients in the cat food met recommended FEDIAF standards, meaning that they contained the necessary nutrients under an EU Regulation for the sale of pet food to constitute a "complete pet food". We were also provided with reports from two random batch tests of Go-Cat products, which showed those products also met those FEDIAF standards.

We understood that the purpose of the FEDIAF guidelines was to contribute to the production of nutritionally balanced pet food, while complying with EU legislation and to help pet food manufacturers assess the nutritional values of practical pet foods for healthy animals.

Because the evidence showed that the 12 Go-Cat products were capable of helping to maintain a balanced and nutritious diet in cats, we concluded the claim had been substantiated and was not misleading.

We investigated under BCAP Code rules  3.1 3.1 The standards objectives, insofar as they relate to advertising, include:

a) that persons under the age of 18 are protected;

b) that material likely to encourage or incite the commission of crime or lead to disorder is not included in television and radio services;

c) that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;

d) that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;

e) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;

f) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with [in particular in respect of television those obligations set out in Articles 3b, 3e,10, 14, 15, 19, 20 and 22 of Directive 89/552/EEC (the Audi Visual Media Services Directive)];

g) that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred"

Section  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.  2).
 (Misleading advertising),  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) and  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.12     3.9    


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