Ad description
In a TV ad for Weetabix On The Go Breakfast drink a young man getting ready to go to work stated, "Who has time in the morning? Not me. Too busy sleeping. And that means no time for breakfast, until now ... Weetabix have made a proper breakfast you can drink". The text "A PROPER BREAKFAST. BOTTLED" appeared alongside an image of bottles of the product. The ad ended with the voice-over "Weetabix On The Go. A proper breakfast. Bottled".
Issue
A viewer challenged whether the ad made a general reference to the benefit of the product for overall good health or health related well-being, for which a specific authorised health claim would need to be included.
Response
Weetabix Ltd did not agree that the ad made a general health claim. They believed the ad merely informed the consumer that Weetabix On The Go was a convenient breakfast choice for those who might otherwise skip breakfast due to lack of time. They believed "proper" highlighted that the product had been developed as a breakfast alternative.
Weetabix said the Department of Health (DH) gave "Good for you", "Superfood" and "Healthy" as examples of general health claims. Weetabix believed those claims referred very clearly to the potential health benefits of a food. They did not believe "a proper breakfast" conveyed a health meaning, and believed the visuals and context of the ad were centred on convenience and not health.
Weetabix also supplied background nutritional information about Weetabix On The Go.
Clearcast made similar points to Weetabix.
Assessment
Not upheld
The ASA considered the ad, including the reference to “a proper breakfast,” was not likely to be understood to suggest the product was beneficial for overall good health or health related well-being but as an alternative for someone who did not have time to eat breakfast at home. We also considered the scene in which the young man was shown pushing away a croissant after he had consumed the product was likely to be interpreted as suggesting he had already had breakfast.
We noted that according to EC Regulation 1924/2006 on Nutrition and Health Claims made on Foods (the Regulation), which was reflected in the BCAP Code (which stated that references to food also applied to drink products), references to general benefits of a nutrient or food for overall good health or health related well-being were acceptable only if accompanied by a specific authorised health claim. However, for the reason given, we considered the ad, including the references to “a proper breakfast”, in the context in which they appeared, did not make such a reference. We therefore concluded that it did not breach the Code.
We investigated the ad under BCAP Code rule 13.4.3 13.4.3 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim (Food, food supplements and associated health or nutrition claims), but did not find it in breach.
Action
No further action necessary.
