Advertising Standards Bureau Review of Operations 2014 | Page 49

nutritional profile is not of itself undermining
a balanced diet or healthy lifestyle, if the
advertisement does not depict or encourage excess
consumption or contain messages that would
undermine a balanced diet or healthy lifestyle
(Fyna Foods - 0101/14, Unilever - 0089/14 and
Peters - 0464/14 and 0465/14).

Section 3 – Advertising to children
In line with previous years’ determinations
(Kraft - 0229/11 and Smiths - 0190/13) the
Board found that the use of animation and bright
colours in advertisements did not automatically
equate to an advertisement with primary appeal
to children. In the case 0257/14 (Wendy’s), the
Board found that the animation used was of equal
appeal to both adults and children, and therefore
could not be considered as being directed
primarily to children.
In some cases food and beverage advertisements
were upheld under the QSRI and RCMI Codes,
however did not breach the Food Code. In most
cases this was because under the QSRI and
RCMI Codes food advertisements must promote
physical activity and a healthy diet, whereas in the
Food Code advertisements must not undermine
these principles, but are not required to promote
them (Kellogg’s - 0033/14 and YUM Restaurants
- 0154/14).

and beverages that represent healthier choices
are promoted directly to children and to ensure
parents or guardians can make informed product
choices for their children. The Initiative applies to
advertising to children under 14.
In 2014 only four cases were considered under
this Initiative, one more than in 2013, but
significantly lower than the 15 cases considered
in 2012. Three breaches of the QSR Initiative
were found.
Key issues to be drawn from cases considered by
the Board during 2014 are:
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Technical Advice
On occasions the information provided by the
advertiser will be technical and it is beneficial for
the Board or Bureau to obtain independent expert
advice on the information so that it is able to
be presented to the Board in terms that are easy
to understand and/or support, or otherwise, the
statements made by the advertiser. During 2014
the Board consulted with an independent expert
in the following cases: (Kellogg’s -0232/14 and
Unilever - 0399/14).

The Quick Service
Restaurant Initiative
Complaints under the QSR Initiative, under the
umbrella of the Australian Food and Grocery
Council (AFGC), are administered by ASB. The
QSRI obliges signatories to ensure that only food

Review of Operations 2014

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the advertisement must be in media directed
primarily to children (or with a high child
audience) or be of itself directed primarily to
children. Case 0154/14 (YUM Restaurants)
concerned a television advertisement that was
unknowingly broadcast in children’s time slots
due to network changes. With 11 recorded
instances of this advertisement being viewed
in children’s viewing time and the product not
being a ‘healthier’ dietary choice, the Board
determined the advertisement was in breach
and upheld complaints.
An interactive game (available for download
from the internet) was determined to be a
marketing communication for McDonald’s
and McDonald’s products (0166/14). The
Board noted that this product was directly
targeted to children, in terms of themes and
visuals used, however as only the healthier
option was shown in the game, and the game
did promote a healthy lifestyle, the Board
dismissed the complaint.
Food vouchers must not be given
to children unless they feature a
healthier‑choice option. S1.5 of the QSRI
states that vouchers for food cannot be given
to children as awards or prizes unless those
foods meet the Nutrition Criteria. In 2014
two advertisements were found in breach for
distributing vouchers to children, one with no
items shown, and one with unhealthy choice
items shown, and the healthier choice option
only mentioned (McDonald’s - 0230/14
and 0360/14).

The Responsible Children’s
Marketing Initiative
Complaints under the Australian Food and
Grocery Council’s RCM Initiative are also
administered by the ASB. This initiative applies
to advertising to children under 12, and limits
marketing communications to children only
when it will promote healthy dietary choices and
healthy lifestyles.
In 2014 the Board considered seven cases under
this initiative, slightly less than the nine in 2013.
Of the seven cases, two were upheld.

Placement of advertisements
In 2014 the definition of media under the RCMI
was broadened to include advertiser websites.
In 2014 a number of cases were considered in
relation to this medium (Unilever - 0089/14,
Kellogg’s - 0033/14 and Lion - 0075/14).
0033/14 (Kellogg’s) was an interactive online
game that required the purchase of the product
to play. The Board found that this was enough to
determine the online game was an advertisement
for the product, regardless of visuals in the
game itself.
An advertisement that was shown on the
children’s channel Nickelodeon was found to be
directed primarily to children by its broadcast on
that channel (Unilever - 0399/14).

Advertisement directed primarily to
children (visuals, theme and language)
The Board reiterated in several cases that for
adver tisements that are not shown in children’s
programming or in programs with a high child
audience, to come within the RCMI the Board
must find that the advertisement is aimed in
the first instance at children. Although an
advertisement may be attractive to children, the
Board can determine that an advertisement is not
directed primarily to children and therefore the
RCMI does not apply (Kellogg’s - 0221/14 and
Nestle - 0097/14).

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