Day 055 - 25 Nov 94 - Page 24
1 affect that kind of claim or implication?
2 A. Yes, I think it would. It would depend on the context
3 in which it was done but, certainly, if it implied that
4 meat was a superior source of energy or rapid or
5 reinvigorating, that it had benefits over other sources of
6 energy, either directly or it was implied -- because you
7 must remember that this relates to implied claims, and
8 implied claims can often be shown in visual representations
9 and other connections with personalities who may be shown
10 for their strength or energy output.
11
12 MR. JUSTICE BELL: There would be no question of a West London
13 sprinter being beaten by a milk float on television any
14 longer; that would cut that right out?
15 A. I think the whole area of the associations of food with
16 elite athletes is a questionable one, yes.
17
18 MR. MORRIS: We are obviously going to leave this pamphlet now.
19 Without going into all the details of the ASA Codes and
20 your proposed changes, would you say that you follow the
21 same spirit throughout; what you have said for the ITC
22 would follow through the ASA, the same concerns, the
23 same -----
24 A. Certainly, the same generalised claims. The ASA
25 submission here does have quite a different emphasis, in
26 that it is acknowledged that the majority of advertising to
27 children goes through to television, and there is far, far
28 less advertising to children that falls under the
29 Advertising Standards Authority's remit. Therefore, there
30 is more emphasis about claims in the broad area of health
31 and nutrition claims---
32
33 Q. The ASA -----
34 A. -- and slimming products, where it has been recognised
35 by the Advertising Standards Authority's own research that
36 there are concerns, particularly, about some of the claims
37 that are made in these two areas.
38
39 Q. The ASA deals with all print advertising. How far does its
40 remit go, or should go, as far as you can see?
41 A. There are two codes of practice. There is the British
42 Code of Advertising Practice and, in addition, there is a
43 code of practice on sales promotion material, and I do not
44 have to have to hand its full name, but the intention is
45 that that covers other sales promotional literature and
46 material which is beyond what is considered an
47 advertisement in another publication.
48
49 Q. Yesterday, you said that you felt that, for example, with
50 McDonald's, their use of promotion, say, in schools or
51 sports, or whatever, vouchers being given out, that would
52 be covered then by the ASA---
53 A. It is my understanding ---
54
55 Q. -- or should be?
56 A. -- that company material that goes into schools
57 generally is not covered by the Code of Sales Promotion
58 Practice. There has been concern about the promotional
59 nature and sometimes the misleadingness of material going
60 into schools supposedly as an aid to teaching; and, in
