list of contributors - GALA
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list of contributors - GALA
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2. Case Report<br />
Topic: The representation <strong>of</strong> sugar in advertising: advertisers should fight against<br />
obesity but they should not not disparage sugar! (two cases).<br />
Who: SAS Orangina Schweppes holding v. Le Cédus<br />
Toothpaste company v. sugar industry<br />
When: Cour d’appel de Versailles June 2, 2004<br />
Tribunal de Grande Instance de Nanterre March 11, 2005<br />
Where: France<br />
What Happened: In the first instance, a TV ad promoting the Orangina sugar free s<strong>of</strong>t drink<br />
showed three types <strong>of</strong> characters (sugar cubes, bubbles and orange pulp)<br />
standing in front <strong>of</strong> a night club where a bouncer prevented sugar cubes<br />
from entering the venue.<br />
The court considered that the ad was disparaging against sugar, ins<strong>of</strong>ar as<br />
the sugar character was presented in a ridiculous manner, humbly begging<br />
to be let into the night club. The sugar cube was whining, begging and badly<br />
shaved, and, according to the court, the humorous nature <strong>of</strong> the ad did not<br />
make a difference to the disparagement.<br />
The court therefore ordered that the broadcasting <strong>of</strong> the ad cease.<br />
In the second instance, a TV ad for toothpaste showed a young couple going<br />
across a “rain <strong>of</strong> sugar” then entering a restaurant where all the dishes were<br />
made <strong>of</strong> sugar. The message aimed at showing that many food products<br />
include sugar and that an optimal protection was necessary.<br />
The BVP, when asked for its opinion prior to the broadcasting <strong>of</strong> the ad,<br />
considered that the argument was moderate by simply reminding the fact<br />
that sugar is likely to cause the development <strong>of</strong> tooth decay. The BVP<br />
requested that a provision in large print be added to the ad, saying that sugar<br />
was necessary to a well-balanced diet.<br />
The tribunal considered that the broadcasting <strong>of</strong> the ad did not have to be<br />
prohibited. The tribunal also considered as an important element the fact that<br />
the BVP had given its go-ahead prior to the broadcasting <strong>of</strong> the ad.<br />
Comments: In these times when ads are under close scrutiny by those trying to fight<br />
obesity, the sugar industry is watchful and does not accept that sugar be<br />
presented as the devil.
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