The UK’s Advertising Standards Authority (ASA) has ordered Yoplait to withdraw a TV commercial for the company’s Calin+ on the grounds that it had made an RDR (reduction of disease risk) claim, and such claims are only permitted under the BCAP (Broadcast – Committee of Advertising Practice) code if they have been authorised by the European Commission. No RDR claims for calcium or vitamin D had been authorised by the Commission and the ASA therefore concluded that, on that point, the ad breached the Code.
In the commercial, Yoplait makes the claim that Calin+ contains 100% of the daily need for vitamin D in a single pot, and that calcium plus vitamin D are pre-requisites for the maintenance of strong bones.
The commercial in question highlighted the ‘case’ of an elderly woman who had suffered a bad fall. Three viewers had challenged whether the overall impression given by the ad and the claim "Calcium plus vitamin D for strong bones" misleadingly implied that the product could help reduce the risk of weak or damaged bones by making them stronger.
Yoplait referred the ASA to two European Food Safety Authority (EFSA) positive opinions – one about calcium and the other about vitamin D – both of which concluded that a cause and effect relationship had been established between their dietary intake and the maintenance of normal bones. Those opinions concluded the health claims "vitamin D contributes to the maintenance of normal bones" and "calcium is needed for the maintenance of normal bones" were supported by the evidence EFSA had seen.
Yoplait said although the claim "calcium plus vitamin D for strong bones" was not exactly the same as those claims, Regulation 1924/2006 gave advertisers some flexibility in the actual wording of the health claim, provided it did not change the meaning of an authorised claim.
Clearcast, an NGO (non-governmental organisation) which pre-approves most British television advertising, said it believed the line "It's the only yoghurt from Yoplait to bring 100% of the daily need in vitamin D in one single pot" was simply stating a fact. It said the wording of the ad avoided the suggestion that Calin+ would go beyond the normal benefits of vitamin D, noting the voice-over did not state that bones would be made stronger; merely that vitamin D played a role in bone health. For those reasons, Clearcast did not believe the ad was misleading.
The ASA said that it understood that EFSA opinions should be regarded as valid scientific reports and noted that both of the EFSA opinions submitted by Yoplait had been positive in relation to particular health claims for calcium and vitamin D and the maintenance of normal bones. The opinions concluded that the claims "vitamin D contributes to the maintenance of normal bones" and "calcium is needed for the maintenance of normal bones" were supported by the scientific evidence EFSA had seen.
The commercial went on to make clear that Calin+ contained vitamin D and the ASA considered it implied to viewers that the woman had now begun to eat it because of the vitamin D content, and of her mother's experience, to help protect her bones. The ASA therefore considered the ad had created the overall impression that vitamin D in addition to calcium could help reduce the risk of suffering a bone fracture. Consequently, the ASA considered it could be interpreted as making a reduction of disease-risk claim (RDR claim).
The ASA investigated the claim "calcium plus vitamin D for strong bones" under BCAP Code rules 3.1 (Misleading advertising) and 3.9 (Substantiation) but did not find it in breach. However, the commercial was found to have breached BCAP Code rule 13.6.2 (Food, food supplements, and associated health or nutritional claims), and was ordered to be withdrawn.
