Case Report. Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following:

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1 Case Report 1 Case Number 0172/15 2 Advertiser Coles 3 Product Food and Beverages 4 Type of Advertisement / media Print 5 Date of Determination 13/05/ DETERMINATION Dismissed ISSUES RAISED Food and Beverage Code 2.1 (a) - Misleading / deceptive DESCRIPTION OF THE ADVERTISEMENT This print advertisement features in the Coles weekly catalogue and depicts an image of meat described as "Coles Australian Pork Spare Ribs". THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: I asked the butcher in my local coles about this, and he agreed that belly pork was not spare ribs, but that's what he had been told to put on the packaging. It also says this in their advertising flyer. THE ADVERTISER S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: I refer to your letter advising Coles Supermarkets (Coles) of a complaint received by the Advertising Standards Bureau in relation to Coles advertising its Pork Spare Ribs (Advertisement). Specifically, the Bureau is concerned that the complaint raises issues under section 2 of the AANA Advertiser Code of Ethics.

2 Coles understands the importance of ensuring that its advertising is accurate and in line with community values and standards when communicating with our customers, and is confident that the Advertisement is consistent with section 2 of the AANA Advertiser Code of Ethics. Description of the Advertisement Coles Pork Spare Ribs have not been advertised in recent times in press, radio or on television. They have been advertised in Coles weekly catalogue from time to time, and were advertised recently in the Western Australian catalogue as set out in Attachment 1. This advertisement features the product at $15 per kg, with a description of Coles Australian Pork Spare Ribs Large Tray. It also features an Australian Grown and a Sow Stall Free logo. Pork Spare Ribs are sold in Coles supermarkets and on Coles online, and a depiction of the pack is also included at Attachment 1. The pack includes the description Coles Pork Spare Ribs and the Australian Grown and SOW Stall Free logos. Issues arising under Section 2 of the Advertiser Code of Ethics You have requested that our response addresses all parts of Section 2 of the AANA Code of Ethics. The Advertisement features Coles Pork Spare Ribs at a price, with an Australian Grown and SOW Stall Free logo being the only other material. Coles submits that each part of the Advertisement, and the Advertisement in its entirety, complies with each of the principles set out in subsections 2.1 to 2.6 of the AANA Code of Ethics. A response on subsection 2.1 of the AANA Food and Beverage Code is set out below. Response to the complaint Coles understands that the essence of the complaint is that Coles is advertising sliced pork belly as spare ribs, when they are not. You have identified Section 2.1 of the AANA Food and Beverage Code as the relevant section, which states 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, and shall be communicated in a manner appropriate to the level of understanding of the target audience of the Advertising or Marketing Communication with an accurate presentation of all information including any references to nutritional values or health benefits. Coles submits that the Advertising is not untruthful or dishonest, nor misleading or deceptive, as it is accurate for it to describe the product we are selling as Pork Spare Ribs. Pork Ribs and Pork Belly are one and the same Pork Ribs are derived from the pork belly, and Pork Belly is obviously derived from the pork belly. AUS-MEAT is a body owned by the Australian meat and livestock industries, and amongst other things it sets standard language and specifications for each primary cut across meat including pork. Included below is a screenshot from the AUS-MEAT handbook, which shows the original primal pork belly and also specifies that spare ribs (and belly rashes as they are sometime known) are produced from the pork belly. Coles has clearly defined product specifications which ensure the meat offered to our customers meets our expectations of high quality. All products must comply with these specifications to enable it to be sold in a Coles Supermarket. Coles has a specific product specification for Pork Spare Ribs, and this

3 specification is consistent with the AUS-MEAT standard for Pork Spare Ribs. Coles has sold Pork Spare Ribs for well over 10 years, and the product is readily available from independent butchers and other retailers in accordance with the AUS-MEAT standard. Finally, Coles does not import any fresh pork from outside Australia, and therefore all of Coles Brand fresh pork is Australian Grown. Coles also phased out sow stalls for all Coles Brand fresh pork meaning that production pigs are no longer confined in cramped stalls for large parts of their lives. Coles is satisfied that the Advertisement does not breach Section 2.1 of the AANA Food and Beverage Code as it is not misleading or deceptive. THE DETERMINATION The Advertising Standards Board ( the Board?) considered whether this advertisement breaches the AANA Food and Beverages Advertising and Marketing Communications Code (the Food Code?). The Board noted the complainant s concerns that the advertisement is misleading in its suggestion that the image depicted in the catalogue is misleading as it is promoted as spare ribs when it is pork belly. The Board viewed the advertisement and noted the advertiser s response. The Board noted that the product advertised is food and therefore the provisions of the AANA Food and Beverages Advertising and Marketing Communications Code (the Food Code) apply. In particular the Board considered Section 2.1 of the Food Code which provides: 'Advertising or marketing communications for food...shall be truthful and honest, shall not be or be designed to be misleading or deceptive or otherwise contravene prevailing community standards, and shall be communicated in a manner appropriate to the level of understanding of the target audience of the Advertising or Marketing Communication with an accurate presentation of all information including any references to nutritional values or health benefits.' The Board noted the advertisement features pieces of the pork cut and displayed with the price and description next to it. The description reads: Coles Australian pork spare ribs large tray.

4 The Board noted the Practice Note to Section 2.1 of the Food Code which provides: The Board will not attempt to apply legal tests in its determination of whether advertisements are truthful or honest, designed to mislead or deceive, or otherwise contravene prevailing community standards in the areas of concern to this Code. In testing the requirement that an advertising or marketing communication should be truthful and honest, the Board will consider whether the information most likely to be taken from the advertisement by an average consumer in the target market would be reasonably regarded as truthful and honest. The Board noted that advertiser has provided detailed information from AUS-MEAT regarding standard language and specifications for cuts of meat. The Board noted that the information provided indicates that both pork belly and pork spare ribs are derived from the same part of the beast ie: the pork belly. The Board considered that the average consumer would likely understand the cut labelled as spare ribs to include bone or some of the rib of the animal whereas the pork belly would be less inclined to include bone and would be predominantly the soft belly portion of the animal. The Board noted it is considering the product as shown in the catalogue as described and not what the consumer may find in store. The Board considered that the image of the pork being advertised does appear to meet the technical standards required for the naming of the product as it does have small pieces of bone in the cut (presumably the ribs) and therefore does meet the requirements. Based on the above the Board considered that the information most likely to be taken from the advertisement by an average consumer in the target market would be reasonably regarded as truthful and honest and determined and that the advertisement did not breach Section 2.1 of the Food Code. Finding that the advertisement did not breach the Food Code the Board dismissed the complaint.

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