Ad description
A website for LovePork, www.lovepork.co.uk, seen in October 2017, included text on a page titled “Pork Medallion Mid Week Meals” which stated “Pork medallions are quick and easy to cook. High in protein and low in fat, they make a deliciously healthy midweek meal that the whole family will love.”
Issue
Viva and two members of the public challenged whether the nutrition claim “low in fat” complied with the Code.
Response
Agriculture and Horticulture Development Board t/a Love Pork said before making the low in fat claim they had obtained Assured Advice from their Primary Authority, Buckinghamshire and Surrey Trading Standards, and were told that the proposed wording was justified. They provided documentary evidence to show that the claim "low in fat" met the conditions of use of the permitted nutrition claim “LOW FAT”, as it appeared in the Annex to Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation). They provided independent test sheets for pork loin medallions and pork fillets sourced from retailers, a summary of the independent test sheets for pork loin medallions and pork fillets and the Assured Advice they received. They said they believed it was clear from the test results that the fat content was below 3 g per 100 g for the tested product and they considered that meant they had complied with the conditions of use of the permitted claim and had therefore not breached the Code.
Assessment
Not upheld
The ASA noted that, according to the Regulation, which was reflected in the CAP Code, only nutrition claims listed in the Annex of the Regulation (the Annex) were permitted in ads promoting foods and that marketers must ensure that they met the conditions of use associated with the claims in question. We also noted that nutrition claims were defined in the Regulation as any claim which stated, suggested or implied that a food had particular beneficial nutritional properties, including due to the nutrients or other substances it contained, contained in reduced or increased proportions, or did not contain.
We considered that “low in fat” was a nutrition claim for the purposes of the Regulation. According to the conditions of use associated with that nutrition claim, it could only be made where the product contained no more than 3 g of fat per 100 g.
We considered the evidence provided. The advertiser had supplied 27 samples of pork fillet medallions and pork loin medallions trimmed of fat to an independent UKAS accredited body for testing. These samples were selected randomly from nine supermarket retailers, supplied as sold to consumers and removed of their packaging for blinding purposes. The testing demonstrated that all of the samples contained no more than 3 g of fat per 100 g. We considered the testing was sufficiently robust and concluded that pork fillet and loin medallions trimmed of fat met the conditions of use for the permitted nutrition claim “low in fat”, and that the advertising claim therefore did not breach the Code.
We investigated the ad under CAP Code (Edition 12) rules
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.
and
15.1.1
15.1.1
Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.
(Food, food supplements and associated health or nutrition claims), but did not find it in breach.
Action
No further action necessary.
