Food & beverage advertising: determination summary

The AANA Food Code has provisions focussing on advertising food and beverages generally. Section 3 of this Code has specific restrictions about advertising food and beverages to children.

The Community Panel's view is:

  • Making false or misleading claims about food or beverages in advertising content will breach the Code.

The Ad Standards Community Panel have dismissed a number of complaints under this code.

The Community Panel's view is:

  • Using phrases such as ‘Australia’s favourite’ or ‘blended in Australia’ does not imply the product as a whole comes from Australia and is not misleading.
  • Promotion of an unhealthy product does not undermine the importance of a healthy and active lifestyle.
  • Plant-based milks may be referred to as ‘milk’ and this is not misleading.
  • Referring to lactose-free milk as ‘natural’ is not considered misleading or deceptive.
  • Using a product before participating in sport does not imply the product will make you better at the sport.
  • While there is community concern about animal welfare, animal products are allowed to be advertised.
  • Promotions and their terms and conditions must be clearly stated in advertisements for food and beverages.
  • Any health and nutrition claims shown in advertisements for food and beverages should be truthful and honest and not deceptive or misleading.
  • Indicating that a certain product is ‘free range’ does not indicate that all products from that advertiser are free range and will not be considered as misleading advertising.
  • Advertisements will not be found to endorse excessive consumption on the basis of using phrases similar to ‘try/ buy them all’ or showing individuals consuming an unhealthy product as an ingredient in an overall healthy meal.
  • Advertisements depicting a person with a large amount of food will not be found to endorse excessive consumption, where there is no indication that the person will consume all the food at once.

Section 3 of the Food Code looks at advertising to children, the Community Panel have found:

  • The placement of the advertisement can have an impact on whether or not it is primarily directed to children.
  • The toy in a happy meal is considered an integral element of the product being sold.