Au Vodka Ltd Upheld | Social media (own site) | 26 July 2023
A user-generated tweet which was re-tweeted by Au Vodka was socially irresponsible as it linked alcohol to driving. The post contained an image taken from the driver’s seat of two McDonald’s frozen slushies with two miniature bottles of Au Vodka inverted and sticking out of the top resting on the centre console of a car. The image also showed a person occupying the passenger seat. Although the warning was added *Drink Responsibly & don’t drink and drive* that did not override the overall impression of the ad linking the two.
Pirate's Grog Rum Ltd Upheld Social media (paid ad) 09 August 2023
A paid for Facebook ad for a rum company irresponsibly implied that alcohol could overcome problems and that it had therapeutic qualities. It stated, “Pirates drink because it’s hard to find a reliable therapist on the open seas, and rum is cheaper than a shipful of parrots with good listening skills”.
Pirate’s Grog Rum Ltd said the ad was clearly intended to be fun, humorous and fictitious and was targeted at adults who would understand that it was a light hearted joke and not to be taken literally.
The ASA nonetheless considered it presented drinking alcohol as a solution for problems in life which might include mental health concerns, which could be treated by talking therapies, and that it implied that alcohol had therapeutic qualities. It was therefore concluded the ad was irresponsible.
A listing for the “All-Bran Prebiotic Oaty Clusters” on Kellogg’s website was found to have made unauthorised health claims.
Prebiotic and Gut Health Claims
The ASA considered a general, unfocussed reference to “prebiotic” would likely be a general health claim, which would then need to be accompanied by a relevant authorised specific health claim to comply with the Code.
The ad featured the claims “Prebiotic* goodness to fuel your gut” and “Prebiotic Oaty Clusters”. The ASA considered the term “prebiotic” when used with a reference to specific conditions or benefits would likely be a specific health claim, while a general, unfocussed reference to “prebiotic” would be more likely to be a general health claim.
The ASA considered the claims, as they appeared in the ad, suggested the product was good for overall gut health, and as such were general health claims.
‘Significant Quantity’
The claims were linked by asterisks to text that stated “Chicory root fibre contributes to normal bowel function by increasing stool frequency. All-Bran Prebiotic Oaty Clusters Original contains 5.4g chicory root fibre per serving, i.e. 45% of the required daily intake. Full beneficial effect is obtained with a daily intake of 12g chicory root fibre”. Kellogg’s indicated that was based on an authorised specific health claim relating to chicory inulin, and that it was intended to accompany the general health claims in the ad as required by the Code.
Article 5(1) of the 2006 Regulation stated the use of health claims was only permitted where, among other things: (1)(b)(i) the nutrient or other substance for which the claim was made was contained in the final product in a ‘significant quantity’ as defined in applicable enactments or, where such rules did not exist, in a quantity that would produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence; and (1)(d) the quantity of the product that could reasonably be expected to be consumed provided a significant quantity of the nutrient or other substance to which the claim related, as defined in applicable enactments or, where such rules did not exist, a significant quantity that would produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence.
Kellogg’s said that while what constituted a “significant quantity” of chicory inulin had not been defined in legislation, that term had been defined in Annex XIII of the 2011 Regulation as 15 percent of the NRV of specified vitamins supplied by 100 grams of a product. Kellogg’s product contained 45 percent of the required daily intake per 45 gram portion.
However, the ASA considered what constituted a “significant quantity” of chicory inulin had been defined with reference to Article 5(1)(b)(i) and (d) of the 2006 Regulation in the EFSA Opinion, which recommended the authorisation of the specific health claim. The Opinion had established that 12 grams of the product would produce the physiological effect. We considered that meant a “significant quantity” would be 12 grams of chicory inulin, and that quantity would have to be gained from a reasonable quantity of Kellogg’s product.
A box of Kellogg’s granola contained 380 grams of the product, and one 45 gram serving provided 5.4 grams of chicory inulin. That meant consumers would need to eat just over two portions of the granola per day to achieve the claimed health benefit.
The ad stated one portion of the cereal constituted 45 percent of the required daily intake of chicory inulin. However, the ASA noted the ad provided no guidance on where the remaining 6.6 grams of inulin could be found once 5.4 grams had been consumed from the granola. The ASA considered the level of consumption of the product required to achieve an intake of 12 grams and therefore the claimed health benefit was unreasonable, and the wording of the conditions of use for the claim, as well as wording of Article 5 of the 2006 Regulation, meant the specific health claim could only be used where the product(s) referred to in the ad contained at least 12 grams of chicory inulin in readily consumable form, unless further information was provided clearly and prominently to consumers regarding where they might realistically source the additional inulin necessary for the claimed health benefit.
The ASA therefore upheld the complaint
Implication of benefit to digestive health
The ASA considered the claim “helping support digestive health by increasing levels of important bacteria living in your gut, nourishing your gut microbiota” described a specific functionality by which digestive health was supported (the increased level of “important” bacteria in the gut).
The ASA understood it had not been established that increasing levels of certain bacteria in the gut was beneficial to digestive health. However, the implication in the claim, and as it would be understood by consumers, was that it was beneficial to digestive health. They therefore considered the claim was a specific health claim for the purposes of the Code. However, the ASA had not seen any evidence which demonstrated that claim was authorised on the GB NHC Register and therefore concluded it had breached the Code.
HFSS FOOD
Luton has become the eighth local authority to launch restrictions on advertising for HFSS food and drinks.
The move, which will see a ban on ads for unhealthy products across its entire advertising estate, has been drawn up with health campaign group Sustain and follows measures first brought in by the Mayor of London across the Transport for London network in 2019.
Seven other local authorities across the UK have brought in a policy: Haringey, Southwark, Merton, Greenwich, Bristol, Barnsley and Tower Hamlets.
Extended producer responsibility (EPR) delayed for one year to 2025
Defra has said that extended producer responsibility (EPR) for packaging will be deferred; ‘new rules to ensure packaging producers pay for the cost of recycling their packaging will be deferred a year from October 2024 to 2025’. Update on packaging reforms to help drive down inflation - GOV.UK (www.gov.uk)
The announcement follows media reports and widespread rumours within the waste and resources sector that the much-anticipated reform would be delayed.
Official news of the policy’s postponement came, however, via a brief update to the Government’s EPR guidance section online.
“There has been a decision to defer EPR for packaging fees for one year. This update reflects that, and also explains that other timescales have not changed – producers still have to report packaging data for 2023.”
Reference was made to the pressure facing consumers and businesses in the current economic context.
Industry leaders have responded with disappointment, if not surprise, with councils confirming earlier this month they had been informed of the delay.
Food Standards Agency Risk Assessments Updated
‘Not suitable for under-4s’: New industry guidance issued on glycerol in slush-ice drinks
The FSA has issued new voluntary industry guidance on glycerol in slush-ice drinks, advising that they should not be sold to children four years of age and under.
Manufacturers are also being advised to tell retailers that they should not offer free refill promotions to under-10s, to prevent young children being exposed to excessive amounts of glycerol.
The updated guidance follows an FSA risk assessment which found that children below this age may suffer from headaches and sickness caused by exposure to glycerol.
The FSA is also aware of two cases in Scotland in, one in 2021 and one in 2022, where children were hospitalised because of glycerol intoxication.
At very high levels of exposure – typically when several of these products are drunk by a child in a short space of time – glycerol intoxication could cause shock, hypoglycaemia and loss of consciousness.
Slush ice drinks can contain glycerol as a substitute for sugar to create the slush effect. The FSA’s new guidance asks businesses to only add glycerol at the minimum quantity technically necessary to achieve this effect.
While glycerol is found in some other foods, it is added at much lower quantities than in slush ice drinks. The FSA will be monitoring how widely the guidelines are adopted and could take further action in future.
Food Standards Agency and Food Standards Scotland issue updated advice to higher risk consumers on ready-to-eat cold-smoked and cured fish following publication of a risk assessment
The Food Standards Agency (FSA) and Food Standards Scotland (FSS) are advising pregnant women and those with a weakened immune system to avoid eating ready-to-eat cold-smoked or cured fish, following publication of a risk assessment showing they are at higher risk of severe illness from listeriosis. Products include smoked salmon, smoked trout and gravlax.
As the risk of serious illness from listeriosis increases with age, the FSA and FSS are also advising that older people should be aware of the risks associated with eating these products.
The FSA and FSS’s joint risk assessment (Opens in a new window), commissioned in response to an ongoing outbreak of Listeria monocytogenes linked to ready-to-eat cold smoked fish, found that while the risk of contracting listeriosis in higher-risk individuals from cold-smoked fish is low, the severity of the illness is high. This means there is the potential for severe illness, hospitalisation, and death among higher risk groups.
More information on listeria is available on the FSA's listeria guidance page.
FSA’s flagship survey shows food insecurity continues to rise
New government research shows that one in four people in England, Wales and Northern Ireland are food insecure – the highest level since tracking began in 2020. FSA’s flagship survey shows food insecurity continues to rise | Food Standards Agency
The latest wave of the Food Standards Agency’s (FSA) Food and You 2 survey, conducted between October 2022 and January 2023, revealed that levels of food insecurity reached 25%, an increase from 16% when the first wave of the study was conducted between July and October 2020.
In simple terms, food insecurity means having limited or uncertain access to adequate food.
For the first time, the survey asked people to specify what changes they were making to their eating habits for financial reasons.
The findings show that 80% of respondents reported that they had made changes to their eating habits for financial reasons in the previous 12 months.
The most common changes related to what and where respondents ate, with 46% eating out less; shopping habits, with 42% of people buying items on special offer more; and food preparation, with 29% of people preparing food that could be kept as leftovers more often.
This research also reveals that food prices remain the top food-related concern for people (65%), with food waste (62%), the quality of food (62%), and the amount of food packaging (56%) also featuring amongst the most common concerns when prompted.
Other key findings in the report include:
- Across England, Wales, and Northern Ireland, 75% of respondents were classified as food secure (61% high, 14% marginal) and 25% of respondents were classified as food insecure (12% low, 12% very low).
- 78% of respondents who had at least some knowledge of the FSA reported that they trusted the FSA to make sure ‘food is safe and what it says it is’.
- 93% of respondents reported that they were confident that the food they buy is safe to eat.
- 76% of respondents reported that they had confidence in the food supply chain. 
- 64% of respondents reported that they always check use-by dates before they cook or prepare food.
Read the research   The full Wave 6 report is available F&Y2 Wave 6: Executive summary | Food Standards Agency.
New protected status for Single Malt Welsh Whisky
Single Malt Welsh Whisky was successfully registered under the UK Geographical Indication (UKGI) scheme today (24th July) – protecting its name, authenticity and characteristics. Single Malt Welsh Whisky to be protected - GOV.UK (www.gov.uk)
This gives Single Malt Welsh Whisky the same status as other Welsh fare like Gower Salt Marsh Lamb and Welsh Leeks, today at the Royal Welsh Show.
It is the first new UK spirit drink application to be registered and protected under new scheme – created after Brexit - and joins other classic British products receiving protection such as Scotch Whisky, Melton Mowbray Pork Pies and Cornish Clotted Cream.
It means consumers can be confident that the product they are buying is genuine and the efforts of producers are protected from imitation products. The scheme provides a guarantee to consumers that the product they are buying is the authentic local Single Malt and protects Single Malt Welsh Whisky producers from imitation products.
Single Malt Welsh Whisky is made using malted barley and water of 100% Welsh origin, with each step of the production process taking place in Wales, from brewing to bottling. The moderate and damp Welsh climate allows for an even rate of maturation, producing a smooth and refreshing flavour.
AB InBev
InBev reports 14% volume decline in US
AB InBev outperformed analysts’ expectations but was weighed down by a 14.1% decline in volume sales in the US, with its CEO saying consumers want “beer without the debate”.
Beer business AB InBev has once again seen its commercial performance impacted by the controversy surrounding its Bud Light brand and trans influencer Dylan Mulvaney, which prompted a boycott in the US. Bud Light did not do any more activity with Mulvaney after the initial video but several months on, it is still having a significant impact on the company’s performance.
Major change to pub laws from next month as takeaway pints set to be banned
Temporary pandemic licensing rules are set to expire on September 30, three years after landlords were provided special permission to serve customers on the street via hatches after they were forced to close due to lockdown rules.
Since being implemented in 2020, the government saw fit to extend this special permission twice.
However, the permission and any conditions related to it were temporary and the government has confirmed that it will not extend it once again. This means pubs will be unable to continue the 'takeaway' practice from the end of next month.
The British Beer and Pub Association marked the decision as 'disappointing' and said it would force pubs to suffer from a "lengthy application and approval process"
Unlimited penalties for environmental polluters
The current limit of £250,000 on variable monetary penalties that the Environment Agency and Natural England can impose directly on operators will be lifted, following a government consultation which received widespread public support. This will offer regulators a quicker method of enforcement than lengthy and costly criminal prosecutions – although the most serious cases will continue to be taken through criminal proceedings.
New powers will also enable these higher penalties to be levied as a civil sanction for offences under the Environmental Permitting (England and Wales) Regulations 2016, the regime under which the majority of Environment Agency investigations take place. This will ensure regulators have the right tools to drive compliance across a range of sectors, strengthening enforcement and holding all who hold environmental permits – from energy and water companies to waste operators and incinerators – to greater account.
CMA activity in food mergers
Recent decisions in 2023 had led to claims that the CMA is stifling UK plc with a premptive response to what may threaten innovation in the tech market. However, the CMA is concentrating on the food sector with a review of prices and unit pricing within the sector as well as reports of investigations on several mergers.
Whitby Seafoods’ planned acquisition of Kilhorne Bay Seafoods
The scampi company Whitby Seafoods planned to acquire Northern Ireland-based Kilhorne Bay through Whitby’s subsidiary Kilkeel Seafoods, also in the region.
The deal was placed under investigation by the CMA on 8 August with a notice to relevant parties. In its invitation to comment, the CMA said it was “considering whether it is or may be the case that this transaction, if carried into effect,” would result in a “substantial lessening of” market competition.
It has given interested parties and stakeholders until 22 August to comment on the proposal with a Phase 1 decision deadline set for 4 October, which will determine if further investigation is required.
In June, Whitby Seafoods warned up to 40 of its employees may be made redundant due to falling sales and increased costs.
Investigation into meat plant acquisition by ABP
The CMA also has investigated ABP’s acquisition of two meat plants from Scotbeef. The initial enforcement order references section 22 and 33 of the Enterprise Act 2002, which ask whether a merger could result in “a substantial lessening of competition” in a particular market.