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Advertising Standards Agency response to our complaints - 12/01/2004
 
Cruel Nesquik and Innocent ads deemed "humorous"

INNOCENT LTD AND NESQUIK

We note that you have raised a number of points in your letter, which I shall address individually.

You state in your letter that we failed to address the last point, which you raised in your initial letter about the Nesquik advertisement. The point you raised about alternative products being widely available did not relate to claims made in the advertisement. The aim of the advertisement was to encourage consumption of the featured product. The ASA Council considered that the claims made in the advertisement would not encourage cruelty to animals, nor did the advertisers use a socially irresponsible approach.

We are unable to comment on whether the advertisement goes against DEFRA policy; our task is to enforce the British Code of Advertising, Sales Promotion, and Direct Marketing. If you wish to make DEFRA aware of your concerns you can find their contact details on their website, www.defra.gov.uk. While we also acknowledge your concerns that the Nesquik advertisement was not merely unacceptable “to some”, we have not received any other complaints about either the Nesquik or the Innocent advertisement.

The main basis of your complaints seems to relate to the production process used in the Dairy Industry, not the claims in the advertisement. Unfortunately the ASA cannot comment on the processes involved with making the product, we can only comment on the claims in the advertisement and the effect they may have on the consumer. In both cases, the Council considered that the advertisers had used a humorous approach to get their message across and that most consumers would recognise that the advertisements were unlikely to mislead or cause offence.

I understand that you may still be disappointed with our decision, but I would like to assure you that serious consideration was given to both of your complaints.

We are sorry that we have not been able to help you on this occasion, but we hope you find this information useful.

Yours sincerely

Barry J Noone
barryn@asa.org.uk

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Nesquik

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