Ad description
A poster on the London Underground promoting organic milk had an image of two cows with a speech bubble next to each. The first read "This latest high-protein diet is amazing, hun. You must try it." The other read "No thanks, love, I'm organic. I only do natural." Text underneath the image stated "They may look the same, but organic cows eat a much more natural diet that's at least 60% grass, roughage or forage, guaranteed. You get what you pay for, so buy something organic today. Organic. Naturally different".
Issue
The complainant, who believed that many non-organic dairy cows had a diet of over 60% grass, roughage or forage, challenged whether the claim "They may look the same, but organic cows eat a much more natural diet that's at least 60% grass, roughage or forage, guaranteed" was misleading.
Response
Organic Trade Board t/a Organic UK Food said that EU rules governed the amount of forage that an organic cow must eat, and the rules stated that at least 60% of the dry matter intake in daily rations of herbivores must consist of roughage, fresh or dried fodder or silage. They said this was a legally binding standard and an annually inspected feeding regime which ensured the diets of organic dairy cows complied with the standard. They said that research also showed it was frequently the case that the 60% standard was exceeded in organic farming. They said there was no minimum forage requirement in relation to the diets of non-organic dairy cows, and said that research showed that in some cases the proportion may be less than 50%. They did not believe the claim was misleading and said that the reference to "guaranteed" communicated that this standard was guaranteed for organic dairy cows, but that was not the case for non-organic dairy cows. They confirmed that the claim, and organic standard, was based on the dry weight of the matter rather than fresh feed.
Assessment
Not upheld
The complainant believed that most non-organic dairy cows would have a diet of over 60% grass, roughage or forage and that the claim was therefore misleading, but that measured by dry weight not all non-organic dairy cows would reach that level. The ASA understood that the claim was based on dry weight rather than fresh weight because this was the basis for the relevant EU Regulation, and that measuring by fresh weight meant the figures would be skewed by the amount of water contained in grass. We therefore considered it was reasonable to base the claim on the dry weight of the feed. We had not been provided with evidence regarding the diets of non-organic dairy cows. However, we considered that consumers would understand from the claim that organic standards meant organic dairy cows were guaranteed to eat "at least 60% grass, roughage or forage", and that it could not be guaranteed for non-organic fed dairy cows. Because that was the case we concluded the claim was not misleading.
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), 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. (Other comparisons) but did not find it in breach.
Action
No further action necessary.
