ARB dismisses Fair Cape Dairies advertising complaint

The case was dismissed by the ARB.

The complaint alleges that the product is described as an “unhealthy sugary drink” and is improperly marketed to children using the Barbie doll image. The complainants argue that this violates Section 7.3 of the Food and Drinks Act, which restricts advertising that directly appeals to children under the age of 12 and is intended to persuade their parents or others to buy the product advertised.

Advertiser’s Defense

Fair Cape Dairies, represented by Robert de Rooy & Associates Inc., refuted the allegations on three main points:

1. Healthiness of the product: The advertisers described their products as nutritious, full-fat dairy products. They stressed that no benefits were claimed on the packaging and that any sugar in them was mostly intrinsic, coming from lactose naturally present in milk.
2. Contextual Misunderstanding: The advertisers argued that the complainants had taken clause 7.3 out of context. They explained that the clause had to be read in the context of the wider objectives of the Code, which included not misleading children about the benefits of a product and not undermining the role of parents. They claimed that their packaging failed to meet either of these objectives.
3. Permitted Character Items: They cited clause 8 of Appendix J, which allows the use of characters on packaging, provided that they do not appear in television advertising aimed at children under 12 years of age.

ARB Decision

The ARB concluded that the complaint did not show that the packaging violated Article 7.3. The Bureau noted that the advertisement did not instruct children to persuade their parents to buy the product, nor did it imply negative consequences for not buying the product. They also highlighted Article 8, which explicitly allows the display of human figures on packaging, as long as it does not appear in targeted television advertising.

Ultimately, the Advertising Review Board determined that Fair Cape Dairies did not violate the Advertising Law and stressed that its use of the Barbie doll image on its packaging was within the permitted scope.