Three complainants challenged whether the claim that the product was ‘nutritious’ was misleading. One of the complainants believed that it contained more than 30g of sugar.
The ASA considered that consumers wouldn’t expect a ‘nutritious’ drink to have the equivalent of four or five teaspoons of added sugar. Because Vitaminwater contained about a quarter of a consumers’ GDA for sugar as well as the added vitamins, the ASA considered that the description of Vitaminwater as ‘nutritious’ was misleading.
Coca-Cola Enterprises said that the product didn’t contain 30g of sugar per 500ml as claimed by the complainant, and that it actually contained 23g, which was a significantly lower amount. They said that the product could be described as ‘nutritious’ because it contained nutritionally meaningful quantities of several nutrients, including 25% of the recommended daily allowance of four B vitamins (B6, B12, niacin and pantothenic acid), along with 100% of the recommended daily allowance of vitamin C.
They said all varieties of the product contained the same 23g of sugar per 500ml serving and that this delivered an energy density of 19 kcal/100ml, which meant they qualified for the category of ‘low calorie’ drinks under EU regulations. They also said the European Commission was currently in the process of defining the nutrient profiles of foods and drinks, and the subsequent health and nutrition claims that could made. They stated that, under the proposed guidelines for nonalcoholic drinks, the upper limit for sugar content was 8g/100ml, which was well above the 4.6g/100ml of Vitaminwater.
They added that, at the present time, there was nothing in the regulatory scheme to prevent products from being described as ‘nutritious’ because of their sugar content. They stated that, in addition to the B and C vitamins contained within Vitaminwater, the provision of energy supplied by the drinks was an equally important component of nutrition. They said although the drinks contained nearly a quarter of the recommended maximum daily intake of sugars, these sugars provided a contribution to the taste of the product and that they were totally transparent about this content through their labelling.
Coca-cola stated that dictionary definitions of ‘nutritious’ included: containing many of the substances needed for life and growth and (nutritious foods) provide the substances that people need in order to be healthy …. They believed these definitions were an accurate representation of the products and would be shared by consumers.
They added that Vitaminwater has sugar levels that were lower than those found in drinks such as fruit juices and semi-skimmed milk, which were generally considered by the consumer to be ‘nutritious’, and that these drinks were drunk in similar quantities to Vitaminwater and were often served in containers that were significantly larger that 500ml.
The ASA noted the product contained 23g of sugar and not the 30g of sugar referred to by one of the complainants. It also noted Coca-Cola’s assertion that the products contained sufficient quantities of vitamins to contribute towards the guideline daily amount for those nutrients and that the number of calories per 100ml meant that the product could be defined as ‘low calorie’.
The ASA understood that the European Union had proposed ‘nutrient profiles’ for health claims, but noted these were not in place at the time at which the advertisment appeared. Although the ASA noted the amount of added sugar per 100ml serving was relatively low in comparison with some other drinks, it also noted the drink was only available in 500ml servings that contained 23g of sugar, which comprised over a quarter of a consumer’s GDA for sugar (based on a 2,000 calorie diet).
The ASA considered that, because the advertisement referred to the water product as ‘Hydration for the nation’ and as ‘water’, most consumers would be likely to interpret the featured 500ml bottle as a single serving. The ASA noted some fruit juice drinks and semi-skimmed milk contained more sugar per 100ml than Vitaminwater, but considered most consumers would understand that these products contained naturally occurring sugars as opposed to added sugars.
Furthermore, although the ASA understood those drinks were sometimes sold in high volume containers, it considered that Coca-Cola had not provided evidence that consumers were encouraged to drink those liquids in serving sizes equivalent to the 500ml of Vitaminwater.
The ASA considered that consumers would understand the word ‘nutritious’ in the context of the ad as a claim that Vitaminwater contained added ingredients that were needed by the body in order to stay healthy. However, the ASA Council considered that they wouldn’t expect a ‘nutritious’ drink to have the equivalent of four or five teaspoons of added sugar. Because Vitaminwater contained about a quarter of a consumers GDA for sugar as well as the added vitamins, it was considered that the description of Vitaminwater as ‘nutritious’ was misleading.
Source: ASA Council
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