Nepali TV ads banned for outrageous health claims

by Nikki Sandison, Brand Republic 22-Oct-08, 08:00

LONDON - The advertising watchdog has banned ads for Horlicks and Maggi Noodles shown on Nepali TV in Bangladesh, which is licensed in the UK, after the ads broke EU health claims with outrageous statements on the health benefits of the products concerned.

The ads, which were only meant to be shown in Bangladesh, were found by the Advertising Standards Authority in a compliance check sweep and were held to be in breach of laws on EU health claims as well as industry guidelines.

The advertisers said that they did not know the ads were being shown in the UK and that they were not meant for the UK market.

The Horlicks ad, in Bengali, is set in a boarding school and starts with a voice-over explaining that 869 students have taken part in the Horlicks challenge.

The ad claims that after 14 months the children who took Horlicks were "taller, stronger and sharper".

They were given the same quality of teachers, the same kinds of food and similar types of exercise, but half of the children were given Horlicks and the rest were provided with a general health drink.

The ASA challenged whether Nepali TV held evidence to substantiate the claim that Horlicks made children "taller, stronger and sharper".

GlaxoSmithKline explained that the ad had been broadcast on Nepali TV without its knowledge or consent as part of a re-broadcast deal organised by Nepali TV with a broadcaster in Bangladesh.

It said that the claims were true for children in that part of the world and were supported by clinical studies undertaken by the National Institute of Nutrition in India.

Nepali TV did not comment but eventually withdrew the ad.

The ASA upheld its challenge noting that Nepali TV held an Ofcom licence and was required by the conditions of that licence to comply with the CAP (Broadcast) TV Advertising Standards Code.

It considered that the unavailability in the UK of the product intended for the Bangladesh market did not mean the code did not apply, especially given that Horlicks-branded products are available in the UK.

The ASA concluded that the ad must not be broadcast again in the UK because it had seen no evidence to substantiate the claim that Horlicks made the children "taller, stronger and sharper".

The second ad for Nestle Maggi Noodles with protein and calcium was also broadcast on Nepali TV in the UK.

The spot showed children playing tug-of-war outside and then one of them ran inside to see his mother who gave him Maggi noodles with vegetables.

The mother told the child: "Maggi is the best because it has essential protein and calcium that help to build strong muscles and bones."

The ASA challenged whether Nepali TV held evidence to substantiate the claim.

Nestle explained that the ad had been approved for broadcast and complied with the necessary legal requirements in Bangladesh.

It said that Maggi Noodles with protein and calcium provided 20% of the recommended daily allowance for those nutrients as set out by the 1974 Food and Agriculture Organisation of the United Nations and the World Health Organisation recommendations, which are the reference values recognised by the Bangladesh Government.

The ASA upheld its challenge noting that it was concerned that Nepali TV was broadcasting ads without the advertiser's consent.

It considered that because it had seen no evidence that the protein in Maggi Noodles would "help to build strong muscles and bones" the ad was misleading and that Nepali TV should not have broadcast it in the UK.