There are strict rules in place for all food and beverages advertising in Australia.
The AANA Food and Beverages Advertising Code covers a range of areas including:
- truthful and honest claims
- not undermining the importance of a healthy lifestyle
- portrayal or promotion of excess consumption
- health and nutrition claims
- claims relating to characteristics of the product
- advertising to children.
This Code does not apply to alcohol advertising.
For more detail and guidance on responsible food and beverage advertising read the AANA Food and Beverages Advertising Code: Practice Note.
Examples of previous decisions
False or misleading claims
The Community Panel has found a breach of the Food and Beverages Code in the following cases:
- Making false or misleading claims about food or beverages.
- Although the advertiser’s intention may not be to mislead, advertising which may be misinterpreted by an average member of the target audience.
The Community Panel found the following ads did not breach the Food and Beverages Code:
- Using phrases such as ‘Australia’s favourite’ or ‘blended in Australia’ that does not imply the product as a whole comes from Australia.
- Primo Foods – 0072-21
- Primo Foods – 0072-21
- Showing a food product in its best light does not necessarily mean that the ad is misleading or deceptive if purchased products don’t look the same.
- McDonald’s Australia Limited – 0099-22
- McDonald’s Australia Limited – 0099-22
- Plant-based chicken is understood by most members of the community to not be (real) chicken meat.
- Deliciou – 0176-22
- Deliciou – 0176-22
- Referring to lactose-free milk as ‘natural’.
- Lactalis Australia – 0304-20
- Lactalis Australia – 0304-20
- Promotions and their terms and conditions that are clearly stated.
- Claims shown in ads for food and beverage products that are truthful and honest.
- Indicating that a certain product is ‘free range’ does not imply that all products from that advertiser are free range.
- Coles – 0378-20
- Coles – 0378-20
Undermining a healthy lifestyle/excess consumption
The Community Panel has found a breach of the Food and Beverages Code in the following case:
- Ads that encourage what would reasonably be considered as excess consumption through the representation of portion sizes disproportionate to the setting.
- Heart Attacks Diner – 0086-22
- Heart Attacks Diner – 0086-22
The Community Panel found the following ads did not breach the Food and Beverages Code:
- Promotion of an unhealthy product in itself does not undermine the importance of a healthy and active lifestyle.
- Using phrases similar to ‘try/ buy them all’ or showing individuals consuming an unhealthy product as an ingredient in an overall healthy meal.
- Depicting a person with a large amount of food where there is no indication that the person will consume all the food at once.
- ALDI Australia – 0267/20
- ALDI Australia – 0267/20
Advertising to children
The Community Panel has found a breach of the Food and Beverages Code in the following cases:
- Advertising occasional food and beverage products where the visuals and themes in the ad are of significant appeal to children.
- Advertisements which provide occasional food or beverage products to children, or vouchers for such products, as awards or prizes
- The Cheesecake Shop – 0065-23
- The Cheesecake Shop – 0065-23
The Community Panel found the following ads did not breach the Food and Beverages Code:
- Ads that are equally attractive to both children, older teens and adults, but do not target or have a significant audience of under 15 years old.