If you talk about flavour, a lot is possible! Even if you refer to the term “natural”.
In the Dutch supermarket magazine Allerhande Sultana advertises for Sultana Hartig (savoury biscuits). In the advertisement the famous Sultana mascot holds up a sign stating “100% natural flavour”. The word “flavour” is displayed in a smaller font than the words “100% natural”. A complaint was submitted to the Dutch Advertising Code Commission (“RCC”). According to the complainant the claim suggests that Sultana Hartig is 100% natural, and hence “green” and “pure”. While the ingredient list provides that 42 different ingredients and E-numbers are used. The suggestion that only “pure natural ingredients” are used is not true and this advertisement is thus misleading according to the complainant.
The RCC has rejected the complaint: “100% natural” specifically relates to the flavour of the product and not to the ingredients. The fact that the word “flavour” is displayed in a smaller font than the words “100% natural” does not alter this. The advertisement also does not suggest that Sultana Hartig is explicitly made from natural ingredients. The package clearly states “savoury ingredients such as cheese, tomato and tasty herbs”. This is not an exhaustive list of ingredients. Even if the consumer, by seeing the statement “100% natural flavour”, would think that it receives a healthy product, this suggestion is not so strong that the consumer would consider the product to be “purely natural”.
Apparently, the RCC is of the opinion that claims that specifically relate to the flavour of a product, do not imply a “health claim”, since it says nothing about this topic. This is something to remember: a “100% natural” claim that relates to the flavour of a product and where the entire advertisement does not suggest that the product is healthy, is allowed and does not have to comply to the specific rules of health claims.
Eva den Ouden
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If you talk about flavour, a lot is possible! Even if you refer to the term “natural”.
In the Dutch supermarket magazine Allerhande Sultana advertises for Sultana Hartig (savoury biscuits). In the advertisement the famous Sultana mascot holds up a sign stating “100% natural flavour”. The word “flavour” is displayed in a smaller font than the words “100% natural”. A complaint was submitted to the Dutch Advertising Code Commission (“RCC”). According to the complainant the claim suggests that Sultana Hartig is 100% natural, and hence “green” and “pure”. While the ingredient list provides that 42 different ingredients and E-numbers are used. The suggestion that only “pure natural ingredients” are used is not true and this advertisement is thus misleading according to the complainant.
The RCC has rejected the complaint: “100% natural” specifically relates to the flavour of the product and not to the ingredients. The fact that the word “flavour” is displayed in a smaller font than the words “100% natural” does not alter this. The advertisement also does not suggest that Sultana Hartig is explicitly made from natural ingredients. The package clearly states “savoury ingredients such as cheese, tomato and tasty herbs”. This is not an exhaustive list of ingredients. Even if the consumer, by seeing the statement “100% natural flavour”, would think that it receives a healthy product, this suggestion is not so strong that the consumer would consider the product to be “purely natural”.
Apparently, the RCC is of the opinion that claims that specifically relate to the flavour of a product, do not imply a “health claim”, since it says nothing about this topic. This is something to remember: a “100% natural” claim that relates to the flavour of a product and where the entire advertisement does not suggest that the product is healthy, is allowed and does not have to comply to the specific rules of health claims.
Eva den Ouden