The Advertising Standards Authority (ASA) has banned a Nestle advert for noodles that was screened in the UK by accident.
The advert for Maggi Noodles, which was screened by Bengali TV, was criticised by the advertising watchdog for “misleading viewers”.
Claiming to strengthen muscles and bones, the Nestle noodle advert was meant to air in Bangladesh, but appeared in the UK on NTV as part of a rebroadcast deal.
In the advert, a mother explains to her child: “Maggi is the best because it has essential protein and calcium that help to build strong muscles and bones. Indeed, there is no comparison to Maggi noodles. Amazing taste. Amazing nutrition.”
The ASA said the ad was misleading and broke the UK’s strict industry code. It also said it concerned that Nepali TV was broadcasting ads without the advertiser’s consent.
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By GlobalDataA spokesperson for the ASA told just-food: “This appeared on an Ofcom licensee channel so as a broadcaster and an Ofcom licensee there is a condition to adhere to the TV advertising codes that are administered in this country.
“It wouldn’t have even mattered if they were only seen in Bangladesh or Australia. Because they are an Ofcom licensee they have to adhere to the TV advertising code that exists here. So even if it hadn’t been show in the UK it would still have been problematic. It’s about the jurisdiction that as a broadcaster they were licensed in the UK and therefore have to adhere to the rules that are here.”
Nestle claimed the advert was never meant to be shown in the UK and had been broadcast on Nepali TV without their knowledge or consent.
“The complaint was made against Nepali TV who broadcast the Maggi advert without our knowledge or consent,” Nestle said in a statement. “We rigorously ensure that all health claims made on Nestle products comply with local legislation. The advert had been approved for broadcast and complied with the necessary legal requirements in Bangladesh, the market the advertisement was intended for. It was never intended for transmission in the UK. Nepali TV has now withdrawn the advert.”
The ASA upheld that the ad must not be broadcast again in its present form in the UK and the product should not be advertised without adequate substantiation for the claim made for it.