SOUTH AFRICA – The South African Advertising Regulatory Board (ARB) has dismissed a consumer complaint against Fair Cape Dairies concerning their full-cream chocolate-flavored milk product.
The complaint centered around using Barbie merchandising on the product’s packaging, with the claimant arguing that it was an inappropriate marketing tactic aimed at young children.
The complainant contended that this practice violated Clause 7.3 of the Food and Beverage Code, which restricts advertising that directly appeals to children under twelve years old with the intent to influence their parents or guardians to purchase the product.
Fair Cape Dairies, represented by Robert de Rooy & Associates Inc., contested the allegations on several grounds.
Firstly, they argued that their product is a nutritious whole milk dairy item and that any sugar present is naturally occurring lactose from the milk itself.
They emphasized that the packaging does not make any claims regarding health benefits, addressing concerns about the product’s healthfulness.
Secondly, the advertiser disputed the interpretation of Clause 7.3, suggesting that the complainant had misinterpreted the clause.
They argued that Clause 7.3 should be read in the context of the broader objectives of the Code, which include not misleading children about the benefits of products and not undermining parental authority. Fair Cape Dairies maintained that their packaging did not contradict these objectives.
Thirdly, Fair Cape Dairies pointed to Clause 8 of Appendix J, which permits characters on packaging, provided these characters are not featured in television advertisements targeted at children under twelve. The company asserted that using the Barbie image complied with this provision.
The ARB reviewed the case and concluded that the complaint did not substantiate a breach of Clause 7.3. The Directorate observed that the advertising did not encourage children to persuade their parents to purchase the product or imply adverse consequences for non-purchase.
Furthermore, they affirmed that Clause 8 of Appendix J permits character merchandising on product packaging as long as such characters are not used in advertisements aimed directly at children under twelve.
Ultimately, the ARB found no evidence of a violation of the Advertising Code by Fair Cape Dairies, affirming that the use of the Barbie image on the milk packaging fell within acceptable advertising practices.
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