Nursery World - Health claims for soft drink rejected in High Court

Advertising claims that a soft drink aimed at children does not encourage tooth decay were dismissed in the High Court last week. GlaxoSmithKline, manufacturer of Ribena ToothKind, went to the High Court after the watchdog the Advertising Standards Authority (ASA) upheld complaints about advertisements for the soft drink. However, Mr Justice Hunt rejected a judicial review of the ASA's adjudication last summer following complaints about a poster advertisement. The ASA asked the advertisers not to repeat a poster picturing Ribena ToothKind bottles as bristles on a toothbrush, because without a qualifying statement it implied that the product actively benefited oral health. They were also asked to delete the claim made in a trade press advertisement that 'Ribena Tooth Kind does not encourage tooth decay'. The ASA said this was misleading because it was an absolute claim, rather than a comparative one.

GlaxoSmithKline, manufacturer of Ribena ToothKind, went to the High Court after the watchdog the Advertising Standards Authority (ASA) upheld complaints about advertisements for the soft drink. However, Mr Justice Hunt rejected a judicial review of the ASA's adjudication last summer following complaints about a poster advertisement. The ASA asked the advertisers not to repeat a poster picturing Ribena ToothKind bottles as bristles on a toothbrush, because without a qualifying statement it implied that the product actively benefited oral health. They were also asked to delete the claim made in a trade press advertisement that 'Ribena Tooth Kind does not encourage tooth decay'. The ASA said this was misleading because it was an absolute claim, rather than a comparative one.

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