advertisingLegal, decent,honest and true?<strong>The</strong> activities of the advertising industry raise many importantquestions for nutrition and health. Here we report on complaintsagainst food and drink companies adjudicated by the AdvertisingStandards Authority (ASA) in recent months.✗McDonald’s fries:Not so pure<strong>The</strong> ASA upheld a complaint from the<strong>Food</strong> <strong>Commission</strong> against an advertisementfor McDonald’s fries. <strong>The</strong> advert claimed totell ‘<strong>The</strong> story of ourfries. (End of story)’.‘First,’ saidMcDonald’s, ‘we takethe potatoes. We peelthem, slice them, frythem and that’s it.’We knew this was notthe whole truth andsubmitted our complaint.<strong>The</strong> ASA’s investigationsconfirmed that fries forMcDonald’s go throughseveral more processes. For a start, thepotatoes are also par-fried, frozen and stored.Dextrose is added to make the fries yellow,and salt is added before serving to thecustomer. Because the story told in the advertclearly WASN’T ‘it’, McDonald’s was told by theASA not to repeat this marketing approach.This is an interesting case, since the advertwas part of a 2003 McDonald’s campaigntargeted at middle-class mums through glossymagazines and newspaper supplements. <strong>The</strong>campaign was designed to associateMcDonald’s products with purity and health.Perhaps a better approach for McDonald’swould be to make the food pure and healthy.✗Smoothie ads:Too fruitySeveral complaints against an advertfor fruit smoothies produced by‘thejuicecompany’ were upheld by the ASA ongrounds of ‘taste and decency’. <strong>The</strong> postercampaign showed a man in drag wearingblack lingerie, a necklace and a blonde wigwith the line: ‘New fruit on the block’. <strong>The</strong>complainants pointed out that ‘fruit’ was aderogatory term for homosexual men, and saidthat the advertisement was offensive andhomophobic. <strong>The</strong> ASA acknowledged that theposter could be seen as offensive and askedthe advertisers not to use this theme in future.✗Arthritis pills:Creaky claimsA direct mailing for an anti-arthritissupplement was criticised by the ASA forclaiming that the product, called SAMe, ‘iscapable of improving the structure andfunction of joint cartilage... SAMe not onlyhelps arthritis - it also makes you happy!’<strong>The</strong> advertisers – Elixir of Life also statedthat SAMe had been shown to be useful inthe treatment or prevention of depression,fibromyalgia, liver cirrhosis, Alzheimer’sdisease and aging. <strong>The</strong> advertisers failedto respond to the ASA’s enquiries.Complaints were also upheld against anewspaper advertisement for an antiageingand anti-arthritis capsule from acompany called MicroTech. <strong>The</strong> companysaid that it did not know it had to holdevidence to prove the product’s efficacy, andsent the ASA the results of a trial with 60patients, in which only four patients’ appearedto have been cured.<strong>The</strong> ASA said that this did not support theadvertised claim: ‘Up to 100% pain relief inmost cases’, and told MicroTech not to makesuch statements again.Wyeth convicted of illegal formula ads✗<strong>The</strong> ASA is not the only body thatcan challenge misleading or illegaladvertising. In a case brought by anarea trading standards department, Wyeth,the parent company of SMA Nutrition, hasbeen found guilty of illegal advertising offormula milk. <strong>The</strong> adverts appeared inmagazines targeted at young mothers, suchas Prima Baby (an extract is shown below).Announcing the verdict, the district judgeat Birmingham Magistrates Court said: “<strong>The</strong>defendants have deliberately crossed theline‚ in an effort to advertise direct to avulnerable section of society. This is acynical and deliberate breach of theregulations.”SMA Nutrition is the second largest babymilk manufacturer in the world.Nothingadded –except glucose andfructose syrup, anthocyanins, guar gum, betacarotene,modified maize starch, pectin,flavouring, potassium citrate, citric acid,calcium citrate, sodium citrate and sugar.✗Danone yogurt:Full of additivesMuller Dairy and several members ofthe public objected to a magazineadvertisement for yogurt headlined: ‘NewDanone Shape. Now with added nothing’‚<strong>The</strong> text continued, ‘Simply a virtually fat freeyogurt packed with real fruit. And becausethere are no artificial sweeteners,preservatives or colourants, the deliciousnatural fruit flavours can really comethrough’.As well as yogurt and fruit, the productscontained added ingredients such as glucoseand fructose syrup, anthocyanins, guar gum,beta-carotene, modified maize starch, pectin,flavouring, potassium citrate, citric acid,calcium citrate, sodium citrate and sugar.<strong>The</strong> ASA said that ‘with added nothing’was therefore misleading. <strong>The</strong> claim ‘virtuallyfat free’ was also criticised by the ASA,because the yogurt contained 0.9% fat.Danone stated that, because no legaldefinition of ‘virtually fat free’ existed, theyhad developed their own definition. <strong>The</strong> ASAconsidered that because the <strong>Food</strong> StandardsAgency states that ‘fat free’ claims can bemade only for products containing 0.15% fator less, the claimwas misleading.<strong>The</strong> Judgefined Wyeth/SMA £4,000 foreach of fouradvertisements,and £5,000 eachfor two furtheradvertisementswhich couldhave beenwithdrawn after a warning from LACOTs, thenational trading standards body.■ Source: Baby Milk ActionIf you see food and drink advertisementsthat you think are misleading orcontentious, send us a copy. If we think it isa good case, we will be pleased to submita complaint on your behalf.<strong>Food</strong> Magazine 64 10 Jan/Mar 2004
INQUIRYCause obesity? ‘Not us’food companies tell MPsJanuary saw the last session of parliament’s Health SelectCommittee inquiry into obesity. <strong>The</strong> committee’s report togovernment is due in April. Over the next three pages wereview some of the statements made by the food industry --and contrast their words with their deeds.<strong>The</strong> Health Select Committee inquiry intoobesity was set up by government togather evidence from individuals andorganisations whose work affects what weeat and how much exercise we take. <strong>The</strong>committee, representing a cross-section ofMPs and political parties, heard evidencefrom food manufacturers, advertisers, foodand physical exercise specialists, consumergroups and academics. It has been a landmarkinvestigation into the cultural causes ofdisease.Among those submitting written evidencewas the <strong>Food</strong> <strong>Commission</strong>, drawing on ourinvestigations into food, food labelling andfood marketing conducted over the past 15years. We were also called to give oralevidence to the committee and were able topresent the concerns not only of our ownsupporters, nutritionists and campaigners, butalso of the hundreds of members of theParents Jury who want to see children’s foodimprove. We emphasised the need fornutritional standards for children’s foods,decent resources for promoting healthierdiets, and better food labelling. We also saidASDA ‘wants to help parents’During the obesity inquiry, ASDA was confronted by MPs withevidence from a <strong>Food</strong> <strong>Commission</strong> survey showing the retailer tobe the worst offender in terms of high-calorie snacks and soft<strong>drinks</strong> displayed at supermarket checkouts – all of them withinchildren’s reach. ASDA admitted to the MPs it hada responsibility to promote healthy food andquickly announced that, for a trial period, itwould display fruit at four or five in every 20of its checkouts.What ASDA did not reveal to the HealthSelect Committee was that just twoweeks earlier it had allowed McDonald’sto open a restaurant in an ASDA store inScotland for the first time. Scotland’ssecond ASDA McDonald’s opened 11days later in Kirkcaldy – at almostexactly the same time as ASDA wasmaking its ‘healthy checkouts’commitment to MPs.that government should tackle the unhealthyimbalance in food marketing to children.Also giving evidence were representativesfrom supermarkets, the food and drinkindustries and the food advertisers. Put underthe spotlight, many of these representativestried to steer the committee towardsuncontroversial options such as improvedfood labelling and better food education inschools, and away from restrictions onunhealthy food advertising or nutritionalstandards for processed children’s food.On the following pages, we report on whatthe food and advertising industries told theMPs … and what they didn’t.Pepsi claims its ‘labelling isfantastic!’From January, for the first time, Pepsi labelswill reveal to customers that Pepsi is around11% sugar. Information, the food companiesall agreed, was essential in order forcustomers to be ‘free to make their ownchoice’. Two points of interest arise here.First, that the UnitedStates has hadmandatory nutritionlabelling since 1994,and obesity rates inthe US are stillrocketing. Clearly,information isn’teverything. Andsecond, suchinformation can bepresented in allsorts of ways. Atthe obesity inquirynew labelling forWalkers crisps wasproudly exhibited byPepsico UK, thecompany whichowns both Pepsiand Walkers. Thisinformation panelwill appear on 240million Walkerscrisp packets anddescribes what thecompany wants usto believe is ahealthy, balanceddiet. ‘It is importantto have a variety offood for lunch’, says the panel, ‘including ‘alittle treat’ – a daily bag of high-fat, high-saltWalkers crisps.Pepsico have yet tointroduce the informationpanel shown above, butin the meantime theyseem to be doing theirbest to expand thewaistlines of the nation.Bags of Walkers Crispsnow contain 50% morecrisps, boosting thetotal fat content toover 18g per pack."Sorry, kid, no snacks onthis checkout!"ASDA told MPs they would tryselling fruit at some checkouts,but that failed to mention that theyhave incorporated Mcdonald’srestaurants into stores across the UK.<strong>Food</strong> Magazine 64 11 Jan/Mar 2004