Case Report ISSUES RAISED. Advertising to Children Code 2.01 Community Standards DESCRIPTION OF THE ADVERTISEMENT

Transcription

1 Case Report 1 Case Number 0230/17 2 Advertiser Coca-Cola South Pacific 3 Product Food and Beverages 4 Type of Advertisement / media Billboard 5 Date of Determination 07/06/ DETERMINATION Dismissed ISSUES RAISED Advertising to Children Code 2.01 Community Standards DESCRIPTION OF THE ADVERTISEMENT The Interactive Panel advertises the beverage FANTA Jelly Fizz, a new variant of FANTA. The Interactive Panel allows users to interact with it using motion sensor technology. Users touch the screen to start, touch it again to confirm they are aged over 14 years and then, using their hands, which become cans on the Interactive Panel, attempt to hit fruit with the matching FANTA cans. THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: This ad is targeted at children as the graphics; bright colours and text are very childlike and would appeal to this audience. Fanta is not a healthier option, nor does this Billboard promote physical activity. Yes I did see the incredibly small print stating the age restrictions but come on, what child would read that and comply? When I initially walked passed this ad my impression was that it was targeted at children due to its fun aspect and young vibe, also the product itself being jelly bits immersed in orange fizz. However what caught my eye was when I walked past on the way back to the car I noticed a young girl (under 12) standing looking mesmerized at the billboard and subsequently playing the interactive game. This billboard was also placed outside Toy mate shop and Smiggle shop which would be frequented by a high number of children.

2 Overall Fanta is not a healthier option; the ad was placed in an area that would have a lot of children pass by and has theme, graphics and language that would appeal to children therefore breaching the code. THE ADVERTISER S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: Thank you for your letter regarding a complaint received in relation to a FANTA Interactive Advertising Panel ( Interactive Panel ). We respond to the points raised in your letter as follows: A description of the advertisement The Interactive Panel advertises the beverage FANTA Jelly Fizz, a new variant of FANTA. The Interactive Panel allows users to interact with it using motion sensor technology. Users touch the screen to start, touch it again to confirm they are aged over 14 years and then, using their hands, which become cans on the Interactive Panel, attempt to hit fruit with the matching FANTA cans. Comprehensive comments in relation to the complaint The complainant alleges that the Interactive Panel is targeted to children as the graphics, bright colours and text are likely to appeal to a child audience and FANTA is not a healthier dietary choice, nor does the Interactive Panel promote physical activity. We respond to each of the relevant provisions of the relevant Australian Association of National Advertisers ( AANA ) codes as follows: AANA Code of Ethics Section 3.1 of the Code of Ethics provides that Advertising or Marketing Communications to Children shall comply with the AANA s Code of Advertising & Marketing Communications to Children. Advertising or Marketing Communications to Children is defined as: Advertising or Marketing Communications which, having regard to the theme, visuals and language used, are directed primarily to Children and are for Product Product means goods which are targeted toward and have principal appeal to Children. As discussed in detail below, we submit that the Interactive Panel was not directed primarily to children, nor does FANTA have principal appeal to children. Section 3.3 of the Code of Ethics provides that Advertising or Marketing Communications for food or beverage products shall comply with the AANA Food & Beverages Advertising & Marketing Communications Code. We discuss compliance with this Code in detail below.

3 We have considered Section 2 of the Code of Ethics in general and are comfortable that the Interactive Panel is in compliance with all provisions of this section. AANA Code for Advertising & Marketing Communications to Children ( Children s Code ) Section 2.14 (a) of the Children s Code provides that Advertising or Marketing Communications to Children for food or beverages must neither encourage nor promote an inactive lifestyle or unhealthy eating or drinking habits. The Children s Code Practice Note provides that the Children s Code does not apply to advertising which is directed at older children, or may be seen by children but is not directed primarily to them. Coca-Cola South Pacific Pty Ltd ( CCSP ) does not advertise its beverage products to children in accordance with The Coca-Cola Company s Responsible Marketing Policy. The Coca-Cola Company has always taken seriously its commitment to market responsibly, across the globe, across all advertising media, and across all of its beverages. Our company has been a leader in the area of Responsible Marketing and honouring the rights of parents and caregivers to make the appropriate choices for their children is a cornerstone of our Responsible Marketing Policy. The Interactive Panel was carefully designed to meet both our internal commitments and the relevant AANA codes. The target audience for the Interactive Panel was teenagers aged with whom FANTA Jelly Fizz is very popular. The design measures taken to ensure the Interactive Panel had primary appeal to this teenage audience included: A very clear age gate of 14 years which required users to acknowledge and agree to it by touching the screen before progressing ( Touch to confirm you are over 14 years of age ). This was in addition to a disclaimer at the bottom of the screen calling out the age restriction to which the complainant refers. Calibrating the functionality of the Interactive Panel with the height of teenagers including the distance users need to stand away from the Interactive Panel to be visible in the screen and the height of the fruit required to be hit in order to successfully complete the activity. Ensuring the speed, height and directional movement of the fruit and the coordination required to match the can and fruit colours was sufficiently complicated to drive teen engagement. Designing the theme, visuals and language to appeal to a general audience, with particular appeal to teens. Simple words such as play or fun, a call to action such as hey kids, sound effects with child appeal and cartoon characters were not included in the design to ensure the appeal of the Interactive Panel was not primarily to children. Rather, a realistic teenage hand was featured on the front screen and the Interactive Panel displayed the user as the player rather than an animated character. We submit that the Interactive Panel was not Advertising or Marketing Communications to Children as, having regard to the theme, visuals and language used, it was not directed primarily to Children. Further, FANTA is not targeted towards or has principal appeal to

4 Children. FANTA is enjoyed by a wide age group, some of which may be children under the supervision of parents in a family environment, however the product is not targeted to children in accordance with the Company s Responsible Marketing Policy. We also submit that the Interactive Panel does not encourage or promote an inactive lifestyle or unhealthy eating or drinking habits. Rather, the Interactive Panel requires physical activity to interact with it. Further, it features only two 200mL cans of FANTA and does not include a purchase or consumption call to action or feature anyone consuming FANTA. We have considered the other sections of the Children s Code and are comfortable that the Interactive Panel is in compliance with all provisions of the Children s Code. AANA Food and Beverages Marketing and Communications Code (the Food & Beverages Code ) Section 2.2 of the Food & Beverages Code provides that advertising for beverage products shall not undermine the importance of healthy or active lifestyles nor the promotion of healthy balanced diets, or encourage what would reasonably be considered as excess consumption through the representation of product/s or portion sizes disproportionate to the setting/s portrayed or by means otherwise regarded as contrary to Prevailing Community Standards. As outlined above, the Interactive Panel does not encourage nor promote an inactive lifestyle or unhealthy eating or drinking habits. Rather, the Interactive Panel requires physical activity to interact with it. Further, it features only two 200mL cans of FANTA and does not include a purchase or consumption call to action or feature anyone consuming FANTA. We have addressed Section 3 of the Food and Beverages Code in our comments in relation to the Children s Code. We submit that the Interactive Panel does not breach any of the provisions of the Food & Beverages Code. Thank you for the opportunity to respond to the complaint. We assure you that compliance with our Responsible Marketing Policy and the AANA advertising codes is of fundamental importance to us and is taken into consideration in the design, placement and review of all our advertising, including for FANTA. Please let us know if you require any further information. THE DETERMINATION The Advertising Standards Board (the Board ) considered whether this advertisement breaches the AANA Code for Advertising and Marketing Communications to Children (the Children s Code ), the AANA Food and Beverages Advertising and Marketing Communications Code (the Food Code), and the AFGC Responsible Children s Marketing Initiative of the Australian Food and Grocery Council (the AFGC RCMI ). The Board noted the complainant's concern that the advertisement is directed primarily to children, Fanta is not a healthier option and the advertisement does not promote physical activity.

5 The Board viewed the advertisement and noted the advertiser s response. The Board noted that the medium the subject of complaint is an interactive billboard within a mall, and noted the definition of medium within the RCMI. The Board note that medium is defined as: Television, radio, print, cinema, internet sites. The Board noted that as the subject of complaint is about an interactive billboard, this does not fall within the definition of medium as per the Code and therefore the RCMI does not apply. The Board noted that the advertisement features an interactive panel where users touch the screen to start and then using their hands, which become cans on the interactive panel, attempt to hit fruit with the matching Fanta cans. The Board then considered whether the advertisement complied with the Children s Code. The definition of advertising and marketing communications to children' in the AANA Children's Code is: Advertising or Marketing Communications which, having regard to the theme, visuals and language used, are directed primarily to Children and are for Product. The Board noted the theme of the advertisement hitting fruit with Fanta cans and considered that this theme as a large interactive game is a theme that appeals to children. The Board noted the visuals of the advertisement. The Board noted that large panel is brightly coloured and has images of fruit (orange and strawberry) for the player to hit. The colours are the familiar colours of Fanta beverages and the words that appear on screen are big and brightly coloured. The issue of animation and games is one where the Board has previously stated that animation per se does not mean that an advertisement will be considered to be directed primarily to children. Specifically the Board noted scenes in advertisements for Kellogg s LCMs (0179/13 and 0180/13) (which predominantly featured real life images of children at school but also included images of cartoon snails and dinosaurs) and for Kellogg s Coco Pops (0144/13)(which predominantly featured the image of a cartoon bowl of Coco Pops playing a well-known pool game). By contrast however in a number of other advertisements including animated characters (eg: Kraft 0229/11 and Smiths Chips 0190/13) the Board had considered that the advertisements were not directed primarily to children on the basis that the animation was in the context of a theme, music or text that be attractive to an older audience of either teenagers or adults or both. In the current advertisement, a minority of the Board felt that the interactive nature of the game is exactly what appeals to children of various ages these days and in conjunction with a popular children s product, would have strong appeal to children. For this reason, the minority of the Board felt that the advertisement was directed primarily to children. The Board noted the language of the advertisement. The Board noted there was no spoken language in the advertisement but words appeared on screen to explain how to use the game and how to get started. The Board noted that the logo appears on the screen and images of Fanta cans are used in place of hands. The Board reiterated that it is essential for the Board to consider all elements of the advertisement and to make a decision based on how all of the elements of the advertisement

6 interact, and the overall impression that they make, in determining whether an advertisement is clearly directed primarily to children. The majority of the Board considered that young children are often involved in the shopping experience at malls and that this type of attraction would appeal to children under the age of 14. The Board noted that the target audience for Fanta is older teenagers and young adults and considered the billboard would also be appealing to them. The Board considered that overall the advertisement was attractive to a broad audience and was not clearly directed in the first instance to children under 14. The majority of the Board considered that the overall theme, visuals and language used were of appeal to children of all ages and to adults and considered that the advertisement was not directed in the first instance or mainly to children under 14. For the same reasons noted above the Board considered that this advertisement, considering its overall impact and the theme, visuals and language used is not directed primarily to children. The Board therefore considered that the AANA Children s Code and Part 3 of the AANA Food Code do not apply. The Board then considered whether the advertisement complied with other relevant provisions of the Food Code. The Board considered section 2.1 of the Code which requires that Advertising or Marketing Communications for Food or Beverage Products shall be truthful and honest, shall not be or be designed to be misleading or deceptive or otherwise contravene Prevailing Community Standards.. The Board considered that advertising the product Fanta is not of itself contrary to prevailing community standards and that the advertisement did not breach section 2.1. The Board then considered section 2.2 which states: the advertising or marketing communication shall not undermine the importance of healthy or active lifestyles nor the promotion of healthy balanced diets, or encourage what would reasonably be considered excess consumption through the representation of product/s or portion sizes disproportionate to the setting/s portrayed or by means otherwise regarded as contrary to prevailing community standards. The Board noted that the advertised product is Fanta a soft drink. The Board noted that the promotion of a soft drink in an interactive game and the inclusion of physical actions to operate the game is not undermining the importance of a healthy or active lifestyle. The Board noted that the aim of the game is to hit or catch fruit with Fanta cans and that the fruit does get crushed or smashed by the cans. The Board considered that in the context of the game and with a direct relationship to colours and flavours of the cans of drink this was not an action that was disparaging or undermining the importance of the consumption of fruit or of a healthy or active lifestyle. The Board noted that the product was Fanta and consistent with previous decisions (Hungry Jacks 282/11, Mars 208/11), promotion of a product which may have a particular nutritional composition is not, per se, undermining the importance of a healthy or active lifestyle.

7 The Board noted the AANA Food and Beverages Advertising and Marketing Communications Code Practice Note which provides that: In testing whether an advertising or marketing communication encourages excess consumption through representation of products or portion sizes disproportionate to the setting portrayed, or by any other means contrary to prevailing community standards, the Board will consider whether members of the community in the target audience would most likely take a message condoning excess consumption. The Board noted that the Fanta is being shown as part of a game which does not depict or suggest consumption and considered that the likely interpretation of the advertisement is that the product advertised is intended to be consumed as one complete can of drink and that there is no suggestion of frequency of consumption or consumption of multiple cans. The Board noted that no one is seen consuming the drink. The Board considered that the advertisement did not encourage excess consumption. The Board determined that the advertisement did not breach Section 2.2 of the Food Code. Finding that the advertisement did not breach the AFGC RMCI, the Children s Code or the Food Code the Board dismissed the complaint.