UK ASA Ruling

UK regulator turns ‘contrary’ over infant drink marketing, says campaigner

By Nicola Cottam

- Last updated on GMT

Baby Milk Action: “The ASA...is now taking a view totally contrary to Department of Health guidance notes.”
Baby Milk Action: “The ASA...is now taking a view totally contrary to Department of Health guidance notes.”

Related tags Follow-on formula Advertising Marketing Milk

Danone Nutricia’s vindication from any wrongdoing in press adverts for Aptamil with Pronutra+ follow-on milk was described as “absurd” by Baby Milk Action (BMA), which filed a complaint with the UK’s Advertising Standards Authority (ASA) following numerous complaints from consumers.

BMA campaigns co-ordinator Mike Brady said the complaint was dismissed on a technicality although the adverts clearly breach guidance notes.

“The fact that the ASA has not upheld the complaint on a technicality shows the absurdity of the system. The adverts clearly infringe Infant Formula and Follow-on Formula Regulations (2007),” ​said Brady of the laws that prevent all marketing of formulas designed for infants under 6-months.

“The ASA had previously acknowledged there was a problem with the ads and is now taking a view totally contrary to Department of Health guidance notes.”

Ruling raises questions

The BMA has been challenging claims on press adverts that suggest Aptamil with Pronutra+ has the same benefits as breast milk, although the main issue concerns the lack of reference to the product as a follow-on formula.

The 6-month marketing campaign involved four adverts that highlighted the product’s nutritional and health benefits, however only one advert mentioned the product was a follow-on formula, as opposed to an infant formula.

Three complainants, including BMA’s, suggested this was misleading and breached UK advertising regulations, although these have been rejected by the ASA.

“The ASA is using one advert [that refers to the product as a follow-on formula] as an excuse to exonerate the problems with the other three,” ​said Brady.

“This ruling raises questions about how regulations in this area are being applied by the ASA, Department of Health and local authorities.”

Health claims upheld

The ASA also disregarded complaints concerning the ambiguous nature of health claims, although it did suggest some fine-tuning was necessary.

It stated, “we considered the claims were likely to be interpreted to mean that Aptamil Pronutra+ Follow On milk contained some of the same substances as breast milk.”

Nevertheless, the authority upheld claims implying similarities between Aptamil with Pronutra+ and breast milk, saying statements were not misleading because they explained product development was ongoing and that further research was necessary into breast milk.

Pro-breastfeeding BMA now intends to pursue the matter through UK parliamentary channels, said Brady.

This is the second time in just over a week that Danone Nutricia has been probed by the ASA over questionable advertising claims, although in the previous case – involving claims about vitamin D in ‘Growing up milk’- the ruling was upheld.

Related news

Show more

Related products

show more

Unlock the business potential of the protein trend

Unlock the business potential of the protein trend

Content provided by Valio | 08-Feb-2024 | White Paper

Read our white paper to learn how to overcome taste and texture challenges in protein products — and how to commercialise the protein trend by making delicious...

Custom Microbiome Solutions for Dairy & Alt-Dairy Products

Custom Microbiome Solutions for Dairy & Alt-Dairy Products

Content provided by ADM: Innovation that Feeds the Future | 13-Oct-2023 | White Paper

Backed by clinical studies and perfect for use in dairy and alt-dairy applications alike, ADM’s Active Lifestyle probiotic blend, BPL1™ probiotic, and...

Consumers Want Dairy—and More!

Consumers Want Dairy—and More!

Content provided by ADM: Innovation that Feeds the Future | 06-Oct-2023 | White Paper

In the thriving dairy industry, you’re well aware of the surging demand for both dairy and non-dairy products.

Related suppliers