Food & Beverage Litigation & Regulatory Update

Tag: advertising

  • UK Prohibits Cheese Ad for Harmful Gender Stereotypes

    The U.K. Advertising Standards Authority (ASA) has upheld a complaint that a television advertisement “perpetuated a harmful stereotype by suggesting that men were incapable of caring for children and would place them at risk as a result of their incompetence.” The ad showed a father leaving a baby in a carrier on a conveyor belt…

  • Oatly to Remove Added Sugars Claim Following Ad Board Decision

    The National Advertising Division (NAD) has recommended that Oatly Inc. discontinue marketing representations that its oat milks contain “no added sugars.” According to NAD’s summary, the challenger argued that “the hydrolysis process, which turns oats into oatmilk, creates sugars ‘in situ’ as the oats are broken down into smaller components.” NAD considered whether the question…

  • Legal Ins and Outs of Food Advertising

    Shook Partner Lindsey Heinz and Associate Elizabeth Fessler discuss the regulatory and legal implications of food advertising, especially through social media, in the podcast available below. What types of scientific substantiation do companies need to supply for labeling claims, particularly those related to health and safety? Do the U.S. Food and Drug Administration (FDA) and…

  • WHO Report Again Recommends Limits on Marketing “Unhealthy Products” to Children

    The World Health Organization (WHO) has issued a report calling for “greater monitoring” of “unhealthy food products, especially those high in salt, sugar and fat.” The report asserts that “exposure of children to the online marketing of unhealthy food products” remains “commonplace”—despite the organization’s 2010 recommendations on limiting such exposure—and “urgently calls for developing and…

  • ASA Dismisses Bacardi Ad Complaint

    The U.K. Advertising Standards Authority (ASA) has declined to take action against Bacardi-Martini Ltd. following a complaint that its television ad “was irresponsible because it encouraged immoderate drinking by implying that drinking should take place before and throughout a night out.” In its determination, ASA found that “a sealed bottle of Bacardi rum was shown…

  • CFBAI Announces Agreement to Strengthen Nutrition Criteria

    The Council of Better Business Bureaus’ Children’s Food and Beverage Advertising Initiative (CFBAI) has announced an agreement among 18 companies to strengthen nutrition criteria for advertising to children under 12. Under the agreement, participating companies will not advertise food products to children unless the foods meet several updated standards, including reduced sodium levels. The standards…

  • ASA Upholds Complaints Against Ads Targeting Children

    The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements for Kellogg Coco Pops Granola and a KFC milkshake. The organization asserted that both companies targeted ads for a product high in fat, salt or sugar (HFSS) to an audience under 16. The ad for Kellogg’s Coco Pops Granola ran…

  • NAD Finds Perdue “Free Range,” “All-Veggie” Ads Misleading

    The National Advertising Division (NAD) has recommended that Perdue Farms Inc. modify or discontinue broadcast and YouTube advertisements for the company’s Harvestland Organic chicken, finding the ads could mislead consumers into believing all Perdue chicken is organically raised. NAD found that the company’s “Free Range” and “All-Veggie Diet” ads featured “general brand references” to Perdue but…