Case Report
1 Case Number 0207/16
2 Advertiser Boost Juice Bars Australia 3 Product Food / Beverages
4 Type of Advertisement / media Poster 5 Date of Determination 11/05/2016 6 DETERMINATION Dismissed
ISSUES RAISED
Food and Beverage Code 2.1 (a) - Misleading / deceptive
DESCRIPTION OF THE ADVERTISEMENT
This poster advertisement features the heading, "Protein Balls" and images of the different types of protein balls available from Boost, along with their corresponding names and KJ content: Peanut Butter, Choc Protein, Cashew and Cacao, and White Choc. The text at the bottom of the advertisement reads, "The average adult daily energy intake is 8700 KJ".
THE COMPLAINT
A sample of comments which the complainant/s made regarding this advertisement included the following:
These balls are listed as protein balls but they are very low in protein and there is no way to know this at the time of purchase. After buying what I thought was a healthy snack, I realised it was much much higher in carbohydrates than it is protein and I think they should be called energy balls rather than protein balls if this is the case.
THE ADVERTISER’S RESPONSE
Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following:
We refer to your letter outlining a complaint you received in relation to a poster displayed at a Boost Juice store (Complaint).
We understand that the Complaint will be considered by the Advertising Standards Board at a forthcoming meeting, to determine whether this advertisement breached Section 2 of the AANA Advertisers Code of Ethics.
In our view, for the reasons specified below, the complaint is not justified under Section 2 of the AANA Advertisers Code of Conduct and Ethics and should be dismissed.
A. Description of the advertisement
While the Complaint does not specify the poster that is the subject of the complaint, Boost Juice outlets featured the following poster at most of its outlets during the month of March 2016. It is possible that some outlets also displayed this poster during the month of April 2016.
You will note that the poster prominently states “Protein Balls”, and highlights four flavours which Boost Juice offers for sale.
Boost Juice outlets also display price point advertising for Protein Balls as set out in Attachment 2 to this letter. The price points are not displayed in poster format. B. Is the audience of the program predominantly children?
The AANA Code for Advertising and Marketing Communications to Children refers to a ‘child’ as a person 14 years old or younger.
The advertisement was not directed to, or directly primarily to, children.
Children do not form a part of the target market for the product. As the product contains protein, it is targeted towards adults with an active lifestyle, particularly gym goers between the age of 18 and 35. Market research shows that customers who purchase the product regularly tend to be male.
C. Substantiation of any health, nutrition or ingredient claims or statements made in the advertisement
The advertisement of “protein” in Protein Balls is supported by scientific evidence that meets the requirements of the Australia New Zealand Food Standards Code, specifically Standard 1.2.7 for nutrition, health and related claims (Nutrition and Health Standard) (see:
https://www.legislation.gov.au/Details/F2016C00161).
Food Standards Australia New Zealand’s (FSANZ) guide to the Nutrition and Health
Standard requires that food with nutrition content claims that include protein must contain at least 5g of protein per serving
(see:https://www.foodstandards.gov.au/code/proposals/Documents/P293%20FAR%20Short %20Guide.pdf).
We refer to the Nutritional Guide for the product which is enclosed with this response (see Attachment 3), which is generally available at all Boost Juice stores and always available at Boost Juice’s website
Guide.pdf). The Nutritional Guide indicates that all protein products contain at least 5.1g of protein, and therefore satisfies the Nutrition and Health Standard and FSANZ’s guide. If an average consumer, acting reasonably, were to infer from the name of the product that the product either contains protein or is a good source of protein, it would not be misleading or deceptive.
Boost Juice’s advertising or marketing communications in regards to the name of Protein Balls and/or the content of Protein Balls is not contrary to Prevailing Community Standards on health and safety (as that term is defined in Section 2 of the AANA Code of Conduct). For the above reasons, we submit that the complaint is not justified under Section 2 of the AANA Advertisers Code of Conduct and Ethics and should be dismissed.
THE DETERMINATION
The Advertising Standards Board (“Board”) considered whether this advertisement breaches the AANA Food and Beverages Advertising and Marketing Communications Code (the Food Code).
The Board noted the complainant’s concerns that the advertisement is misleading in its description of the advertised product as a ‘protein ball’ as it contains higher carbohydrates than protein.
The Board viewed the advertisement and noted the advertiser’s response.
The Board noted that the product advertised is food and that therefore the provisions of the AANA Food and Beverages Advertising and Marketing Communications Code (the Food Code) apply. In particular the Board considered section 2.1 of the Food Code which provides:
'Advertising or Marketing Communications for food ...shall be truthful and honest, shall not be or be designed to be misleading or deceptive or otherwise contravene prevailing
community standards, and shall be communicated in a manner appropriate to the level of understanding of the target audience of the Advertising or Marketing Communication with an accurate presentation of all information including any references to nutritional values or health benefits.'
The Board considered whether the presentation of a food as a Protein Ball when it also contains other ingredients is misleading. In the Board’s view the advertisement does not make any representation as to the other components of the Protein Ball nor does it suggest that the product is purely or primarily protein. In the Board’s view the description of the product as a ‘Protein Ball’, without mentioning other ingredients, is not misleading or deceptive.
Based on the above the Board considered that the advertisement was not misleading and did not breach Section 2.1 of the Food Code.
The Board considered section 2.3 of the Food Code which provides:
‘Advertising or Marketing Communications for Food or Beverage Products that include what an Average Consumer, acting reasonably, might interpret as health or nutrition claims shall be supportable by appropriate scientific evidence meeting the requirements of the Australia New Zealand Food Standards Code.’
The Board noted that this poster advertisement features the heading ‘Protein Balls’ and images of different types of protein balls available to purchase at Boost Juice bars.
The Board noted the advertiser’s response that the protein balls advertised contain at least 5.1g of protein and can therefore be referred to as a source of protein (Australian New Zealand Food Standards Code, 1.2.7, October 2014) (the Food Standards Code) and that the reference to the product as a source of protein is correct.
The Board noted the complainant’s concern that the advertised product contains higher levels of carbohydrates than of protein. The Board considered that the requirement to be described as being a source of protein is to contain at least 5g of protein and that this requirement in the Food Standards Code is irrespective of other ingredients or nutritional composition.
The Board considered that the advertisement did make a nutrition claim which is supportable by appropriate scientific evidence meeting the requirements of the Australia New Zealand Food Standards Code.
The Board determined that the advertisement did not breach Section 2.3 of the Food Code.
Finding that the advertisement did not breach the Food Code the Board dismissed the complaint.
