Tagged: Regulation

Is chocolate really that healthy it deserves a health claim?

img_6557Here’s a fun little discovery from Spain: Take a look at the back of the Turrón pack. In case you are not familiar with Turrón, it is basically a tablet of something sweet. Often made of almonds, sugar and egg. Or in this case, made of almonds, chocolate and – yes, you guessed it, sugar. Plenty of it. And while there is some discussion about potential health benefits of (dark) chocolate, there is no doubt, that labeling it as being “healthy” – or even making a health claim – is pretty much out of the question (in fact, as a high sugar food, it would be banned from using such claims under EU rules).

The more surprising is it to find a sticker on this chocolate bar that proclaims: “Certified product. Mediterranean Health and Diet Agency” (the red sticker). Now the obvious question is… does that mean that eating this sweet dish is part of the healthy Mediterranean Diet? And might even be beneficial to health? Of course, it does not say the sugary Turrón is healthy – but finding such a sticker on this product certainly seems to suggest a potential link between health and the product – and therefore an inferred health claim.

close-up-med-health-and-diet If you try and search for this agency on the web to check the credentials, the first thing you find is … pretty little. The only information available is about the trademark registration of the name – which can be found here. It appears the trademark owner is the Chamber of Commerce of Alicante in Spain, who also intends to use this sticker on other products, such as ice cream, jam and even… beer. This seems bewildering, given that the sign quite clearly suggests some form of healthy item – though from the registrant, one can only assume that it might be used to certify products from a region, healthy or not.

Of course, it is the good right of the Chamber of Commerce of Alicante to certify regional products, but using something that may be confused as a health claim or at least suggesting health-giving properties is a very short sighted move. There is already enough suspicion of the food industry around when it comes to … let’s say it mildly… overly positive descriptions of their products. But labeling high sugar foods, and possibly even alcoholic beverages, with “health and diet” is quite clearly unacceptable, let alone unethical. Not only that, it also has the potential to further destroy the reputation of the food industry for honest, open communication. The problem, of course, is that ultimately such tactics lead to more regulation and tighter controls – for all the food industry (even the good ones). The result is that such actions, by a small group, or even individual producers, can seriously harm all of the industry. Thus, it really is in the best interest of the industry to regulate their behaviour and act only highly ethically, reflecting very critically on how, for example certain labels and actions, could be perceived. Ultimately, the alternatives are even stricter, stronger regulation, legislation… and even more suspicious consumers. And I wonder if that is really what the industry wants to achieve!

Mobile Advergames: Is it ok for 4 year olds to play with beer?

grolsch-4yearsI’ve recently been looking a lot at various advergames across different platforms (such as mobile phones, online etc). An interesting point I noticed was the “age rating” given by Apple’s iTunes store – which seems very strange compared to normal practice. Take the example of Grolsch (beer in case you need reminding!). Their website is only accessible if you “prove” your age, i.e. when you enter a birthday more than 18 years ago. Of course, this is very much in line with both the industry pledges as well as the guidelines by the Advertising Standards Authority that alcohol promotions should not be targeted at minors. Now, I’d have thought that this also extends to games played on phones. I’m not sure how many parents really do activate the parental controls of their phone (particularly when they give to children to play with) – but at least they are there in case the parents are concerned. Anyway, the obvious answer in terms of age rating seems to be wrong. So if you check what age the NHS Drinks Tracker is – then the restriction is 12+. Apparently, this is because of “Infrequent (Really!! Infrequent?? In an alcoholic drinks tracker??)/Mild Alcohol, Tobacco, Drug Use or References to these”. Now, I can understand that. Presumably someone under 12 really should not be needing the app to track how many units of alcohol they are consuming. I’m not sure they would do it anyway, given how massively complicated and, lets face it, totally unexciting the app is (see previous post on not so exciting social marketing apps for more).
Now enter Grolsch: If you want to download their game you need to be 4 years old (see screen shot above). While indeed you need to enter  a birthday the first time you run the app, after that the app remains a “4+” app – i.e. if you activate parental controls, the app will still be visible and playable – allowing children to “play with beer” on the phone.
Maybe it’s time Apple tightened the controls over their apps? Can it be that BBC News is higher rated (12+) than an game potentially familiarising children with an alcohol brand?

Happy Birthday Product Placement!

It’s now exactly one year old – the P for “Product Placement” shown before British(-produced) television programmes that contain the controversial marketing form. Even with the “P”, the most controversial aspect remains the (perceived) covert nature of product placement, blurring entertainment with commercial messages. Take a look at the image below, taken from the UK version of Jersey Shore (called Geordie shore) – is the bottle there because the housemates like the drink? Or is it placed there because a company paid? Can you reasonably exercise your right to avoid a commercial message viewing the programme? Or would the integral nature of the product to the scene make this impossible?

geordie-pepperOf course, product placement is not new – and has been used since the 1920s in American radio serials – and later on in movies. Interestingly much of the research points to rather low effectiveness: While there are many anecdotal cases where products appearing in movies has been spectacularly successful – many seem to go unnoticed. One can argue that even if the appearance of products is relatively unnoticed it may still have a subtle effect. The Elaboration Likelihood Model can explain such an outcome where persuasion occurs via the peripheral route. And with advertising avoidance steadily increasing, while viewer involvement in programming remains (relatively) stable and given the potential longevity of re-runs – placement is increasingly popular alternative to “just advertising” (for example in the ITV series Coronation street).

A year ago, Ofcom wanted to “protect” viewers, especially children from unhealthy products – and so products that are high in fat, salt & sugar, alcohol, cigarettes, gambling, medicines, baby milk and weapons are not allowed on UK television. This would, presumably, mean that the Dr Pepper bottle in the screen shot above would have been placed there by pure coincidence – as it sugar content is very high. The problem is the presumably – as there is no way to find out which products are being inserted into the programme for money.

Further, researchers have pointed out that while the Ofcom code strictly prohibits commercial product placement to children, the vast majority of children’s viewing takes place during “adult” viewing time, as has previously been pointed out in relation to the ban on high-sugar, fat & salt advertising to children. Moreover, the placement of other unhealthy items, such as sunbeds, are not covered – nor are videogames, or online content – which young viewers are increasingly turning to online viewing in preference to “live tv” – at least in the US – and there is no reason why this would be different in the UK. In fact, outside of movies and tv programmes there are no restrictions on product placement – even if music for example is an other popular way to place products – even unhealthy ones like alcohol.

So what is the balance after a year of P? While there are no firm figures, the concerns are still there: How effective is a P displayed 3 seconds at the start of a programme? Especially when channel surfing? How many people even know what the P stands for? Existing research is contradictory – and more is needed, especially with regards to children and unhealthy products.  However, it seems clear from current research that OFCOM’ stated  objective to “reduce” harm is unlikely to be successful with the current regulations. So maybe lets have a toast to more data and more empirical research today?

Good News, Bad News

labelThe government has been in for quite a ride in the last two days: On Monday, several high profile groups rejected the government’s “responsibility deal” on alcohol, leaving only three health groups siding with the government. Today the government then announced a deal with 170 companies (and three health groups) on better labeling and more openess and transparency of food and drink items. The list of companies reads impressive – from KFC to Tesco to Diageo. One could say, well done for achieving this outcome. But this would ignore the question of why some of these retailers are suddenly so eager to join the government (and have been so reluctant in the past). While the threat of legislation may be a strong one – the question is who will actually benefit from this “health programme”. If those charities that are at the forefront of fighting for healthier food and drink choices are to be believed, amongst them Diabetes UK and the British Heart Foundation, then one has to wonder who will really benefit. Of course, it is way to early to say, and maybe the large (and small) companies are really in for good now – but judging by their past performance, some companies definitely attempted to use loopholes in (self-)regulations before. So the question is, whom do you trust to give you information you really understand?