Download 15/150 COMPLAINT NUMBER 15/150 COMPLAINANT P. Kirkwood

COMPLAINT NUMBER
15/150
COMPLAINANT
P. Kirkwood
ADVERTISER
Eggs Incorporated
ADVERTISEMENT
Eggs Television
DATE OF MEETING
26 May 2015
OUTCOME
Not Upheld
SUMMARY
The television advertisement by Eggs Incorporated promoted the health benefits of eggs for
breakfast. The presenter stated: “For a brekky full of goodness, you can’t go past an egg.
For healthiness and cleverness and extra energy in your legs, eggs will keep you fuller
longer, with protein to make you stronger. So to start your day off great, I’ll tell it to you
straight. You can’t beat eggs.”
The Complainant said the claim that eggs are healthy was misleading.
The Complaints Board said the Advertiser had provided robust substantiation from reputable
sources to support the claim in the advertisement that eggs were healthy. Therefore, the
Complaints Board said the advertisement had been prepared with the requisite high
standard of social responsibility.
Accordingly, the Complaints Board ruled the complaint was Not Upheld.
[No further action required]
Please note this headnote does not form part of the Decision.
COMPLAINTS BOARD DECISION
The Chairman directed the Complaints Board to consider the advertisement with reference
to Principles 1, 2 and Guideline 2(a) of the Code for Advertising Food. This required the
Complaints Board to consider whether all nutrient, nutritional or health claims in the
advertisement were factual, not misleading and able to be substantiated or whether by
implication, omission, ambiguity or exaggerated claim would mislead or deceive consumers,
abuse the trust or exploit the lack of knowledge of consumers. The Complaints Board noted
Principle 1 required food advertisements be prepared with a due sense of social
responsibility to consumers and society. However food advertisements containing nutrient,
nutrition or health claims, should observe a high standard.
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The Complainant said the claim that eggs are healthy was misleading.
The Complaints Board then turned to the response from the Advertiser and noted where it
stated: “There is overwhelming and irrefutable evidence that eggs are a wholesome and
natural food, which is consumed globally as part of a healthy diet (including those on
vegetarian diets) … Health professionals globally believe that eggs have an important role in
a healthy diet and that their consumption should be encouraged.”
The Complaints Board then turned to the substantiation provided by the Advertiser to
support the claims made in the advertisement that eggs were healthy.
The Advertiser stated: “The New Zealand Nutrition Foundation (NZNF) is a professional,
non-profit independent organisation that seeks to ensure all New Zealanders have access to
accurate information to enable them to make informed choices about food and the effect it
has on their health. In November 2014, the NZNF completed a comprehensive peer review
of the scientific studies, research and literature regarding eggs and health. In total 69 articles
were researched and evaluated with key topics chosen based on the evidence available. To
quote directly from this report:
‘The weight of evidence currently available supports eggs as a healthy food choice.
This is evident in the current dietary recommendations compared to those from the
1960's and 1970's where eggs were commonly restricted, especially when
concerning cardiovascular health. Many leading health organisations have reviewed
their dietary guidelines for egg intake, with specific restrictions being removed, and
including recommendations for up to six eggs per week or an egg a day as part of a
healthy, balanced diet.
...
Leading health organisations in the United Kingdom, National Health Service (NHS) and the
British Heart Foundation (BHF) also both state eggs can be a part of a healthy balanced diet,
and have included no restrictions on the amount of eggs consumed in their dietary
recommendations.”
The Complaints Board commented on a common perception that eggs were implicated in
heart disease and contributed to cholesterol levels. This point was addressed by the
Advertiser where it stated: “In the past eggs were wrongly linked to increased cardio
vascular and heart disease risk due to the dietary cholesterol they contain. Despite an
increasing and overwhelming body of evidence showing that dietary cholesterol in foods
such as eggs and prawns produces no clinically significant effect on blood cholesterol level
or increased risk of cardiovascular disease these unhealthy associations still linger in
consumer consciousness. Health experts globally are now ensuring that the public is made
aware of this and that they should be proactively including eggs as a regular part of a normal
diet.”
The Complaints Board also noted the response from the Commercial Approvals Bureau
where it stated: “…The CF classification signifies that this commercial for eggs meets the
minimum standard to be recognised as an Everyday or Sometimes food under the Ministry
of Health's Nutrient Framework for Schools.”
The Complaints Board noted the evidence provided by the Advertiser that the “Heart
Foundation does not recommend restricting egg intake for the general population. A recent
update of their healthy heart food guidelines includes no specific restrictions on egg
consumption, as do the New Zealand Food and Nutrition Guidelines.”
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The Complaints Board commented on the comprehensive response provided by the
Advertiser in response to the complaint and was satisfied the Advertiser had provided robust
substantiation from reputable sources that clearly supported the overarching proposition in
the advertisement that eggs were healthy.
In light of the substantiation provided by the Advertiser, the Complaints Board was
unanimous in its view the health claims in the advertisement were factual, not misleading
and had been substantiated and nothing in the advertisement would mislead or deceive
consumers, abuse the trust or exploit the lack of knowledge of consumers. As such the
Complaints Board said the advertisement had been prepared with the requisite high
standard and ruled the advertisement was not in breach of Principles 1, 2 and Guideline 2(a)
of the Code for Advertising Food
Accordingly, the Complaints Board ruled to Not Uphold the complaint.
DESCRIPTION OF ADVERTISEMENT
The television advertisement for Eggs Incorporated promoted the health benefits of eggs for
breakfast. The advertisement featured a family at breakfast while the presenter stated: “For
a brekky full of goodness, you can’t go passed an egg. For healthiness and cleverness and
extra energy in your legs, eggs will keep you fuller longer, with protein to make you stronger.
So to start your day off great I’ll tell it to you straight. You can’t beat eggs.” The
advertisement concluded with a picture of an egg in an eggcup along with the statement:
“You can’t beat eggs for breakfast. eggs.org.nz.”
COMPLAINT FROM P. KIRKWOOD
I write to complain about an advertisement on Choice TV on Saturday April 4 at
aprroximately 8.20pm
The Ad was for Eggs with the Claim that Eggs are Healthy
This claim is false as the following evidence from the Physicians'
committee for Responsible Medicine shows.
http://www.pcrm.org/health/diets/vegdiets/salmonella-and-other-egg-hazards-cookingwithout
http://www.pcrm.org/health/cancer-resources/ask/ask-the-expert-eggs
http://www.pcrm.org/health/diets/vsk/vegetarian-starter-kit-eggs
http://www.pcrm.org/health/reports/industry-statements-versus-science
http://www.pcrm.org/health/diets/india-resources/healthy-indian-food-and-nutrition
http://www.pcrm.org/media/news/justin-bieber-eggs-are-trouble
http://www.pcrm.org/health/medNews/vegetarian-diet-reduces-risk-of-heart-attack
Desperately and despairingly,
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CODE FOR ADVERTISING FOOD
Principle 1 – All food advertisements should be prepared with a due sense of social
responsibility to consumers and society. However food advertisements containing
nutrient, nutrition or health claims*, should observer a high standard.
Principle 2 – Advertisements should not by implication, omission, ambiguity or
exaggerated claim mislead or deceive consumers, abuse the trust or exploit the lack
of knowledge of consumers, exploit the superstitious or without justifiable reason
play on fear.
Guideline 2(a) – All nutrient, nutritional or health claims should be factual, not
misleading and able to be substantiated. Claims should comply with the Food
Standards Code*.
RESPONSE FROM ADVERTISER, EGGS INCORPORATED
We are in receipt of the complaint letter dated 30 April 2015.
The Claimant has suggested that promoting eggs as healthy is false. We strongly refute this.
There is overwhelming and irrefutable evidence that eggs are a wholesome and natural
food, which is consumed globally as part of a healthy diet (including those on vegetarian
diets).
As background, the current eggs commercial airing is the Australian advertisement, which
has been airing in that market for approximately 6 mths. As part of production it went through
a very rigorous vetting and approvals process to get to air, and met all relevant Australian
advertising and food standards to do so.
The only change that was made for New Zealand was a new end graphic. In our planning for
use of this commercial in this market we were very vigilant and responsible in our own
processes, which included communicating with the Commercial Approvals Bureau for script
pre vetting and pre production approvals for early advice at the script/storyboard stage, and
again at edit completion. We also submitted the finished Australian ad as a guide as part of
this process. For NZ use we only revised the logo on the end frame - all other content is as
per the existing Australian TVC. During this process at no stage were any issues raised by
the Commercial Approvals Bureau and thus approval was granted for airplay in the general
and children classifications without reservation.
With reference to the Code for Advertising Food — Principle 2 and 2(a).
1. Health professionals globally believe that eggs have an important role in a healthy diet
and that their consumption should be encouraged.
2. The New Zealand Nutrition Foundation (NZNF) is a professional, non-profit independent
organisation that seeks to ensure all New Zealanders have access to accurate information to
enable them to make informed choices about food and the effect it has on their health. In
November 2014, the NZNF completed a comprehensive peer review of the scientific studies,
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research and literature regarding eggs and health. In total 69 articles were researched and
evaluated with key topics chosen based on the evidence available. To quote directly from
this report:
"The weight of evidence currently available supports eggs as a healthy food choice. This is
evident in the current dietary recommendations compared to those from the 1960's and
1970's where eggs were commonly restricted, especially when concerning cardiovascular
health. Many leading health organisations have reviewed their dietary guidelines for egg
intake, with specific restrictions being removed, and including recommendations for up to six
eggs per week or an egg a day as part of a healthy, balanced diet." 1
3. To further support this, the Royal Society of Medicine published in their December 2013
issue of the Nutrition Bulletin that;
... "eggs are now recognized as having significantly increased levels of essential nutrients
such as vitamin D and selenium, as well as satiating qualities. Eggs are an important source
of high quality affordable protein which helps to release the energy gained from the whole
meal more slowly.
As a completely natural food, their nutrition credentials are almost unparalleled. Eggs are a
highly nutritious food that makes an important contribution to a healthy, well balanced diet.
They are a natural source of at least 11 different vitamins and minerals as well as high
quality protein, omega-3 fats and antioxidants" ... "Due to the variety of nutrients found in
eggs, they can make a significant role in increasing daily nutrient intakes."
Eggs protein provides energy and it is also essential for the repair and maintenance of body
tissues. Their Vitamin D has an important role in bone health as it helps bodies to absorb
calcium from our food and Vitamin B12 is needed for normal blood and brain function. The
Lutein helps to preserve the eye against macular degeneration and cataracts. There are
many more benefits that can be listed here.
4. Leading health organisations in the United Kingdom, National Health Service (NHS) 2 and
the British Heart Foundation (BHF)3 also both state eggs can be a part of a healthy balanced
diet, and have included no restrictions on the amount of eggs consumed in their dietary
recommendations.
5. Heart Disease - In the past eggs were wrongly linked to increased cardio vascular and
heart disease risk due to the dietary cholesterol they contain. Despite an increasing and
overwhelming body of evidence showing that dietary cholesterol in foods such as eggs and
prawns produces no clinically significant effect on blood cholesterol level or increased risk of
cardiovascular disease these unhealthy associations still linger in consumer consciousness.
Health experts globally are now ensuring that the public is made aware of this and that they
should be proactively including eggs as a regular part of a normal diet.
In recent years the Australian Heart Foundation has also granted eggs the use of the Heart
Foundation Tick, which further supports the benefit of the inclusion of eggs in the diet.
In New Zealand, the Heart Foundation does not recommend restricting egg intake for the
general population. A recent update of their healthy heart food guidelines includes no
specific restrictions on egg consumption, as do the New Zealand Food and Nutrition
Guidelines4.
6. Contracting Diabetes is highly dependent on many, many factors including a variety of
lifestyle and genetic factors which all attribute to this condition. Studies researching the
association between egg consumption and diabetes are very limited and have shown
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inconsistent results. Although there has been some evidence demonstrating a relationship
between increased egg consumption and diabetes, the evidence is limited, inconsistent and
from epidemiological not clinical studies.
The references supplied by the Complainant are personal opinions published within a
newsletter and which clearly champion a vegan lifestyle that should be void of consuming
any animal proteins whatsoever. This clearly outlines the true intention of their claims and
lacks both editorial and factual balance.
It is important to also note that the National Heart Foundation of Australia have recently
updated guidelines on egg consumption for diabetics, which recommend up to six eggs a
week can be consumed without any adverse effects of cardiovascular risk5. In addition, this
intake guideline is also confirmed by Diabetes NZ (Auckland) recommendations to diabetic
patients6.
The Australian Heart Foundation has also developed recommendations specifically related
to egg consumption for people with diabetes, or those suffering from metabolic syndrome.
These state that those with diabetes or metabolic syndrome, can consume up to six eggs
each week alongside a heart healthy diet low in saturated fat, and they will not increase their
risk of cardiovascular disease7.
In Summary:
The NZ Egg Producers Federation and Eggs Incorporated take social responsibility very
seriously and never set out to mislead or present false information in any of our marketing
activity.
The combined weight of evidence available clearly supports our position and so we refute
the suggestion made by the complainant.
The references in the commercial are part of the ditty which uses literary consonance in its
rhyming made in context to the many proven nutritional benefits of including eggs in the diet
as aforementioned, and which are widely acknowledged and globally recognized as a truth
based on many significant clinical studies, research, facts and reports published over recent
decades.
We trust this answers in full your letter of 30 April 2015 and that the Complaints Board now
has sufficient information to rule that the commercial is not misleading or deceptive in any
way.
We look forward to your positive decision.
References:
1. NZ Nutrition Foundation. The Role of Eggs in the Diet of New Zealanders. November 2014.
2. National Health Service UK. http://www.nhs.uk/Livewell/Goodfood/Pages/eggs-nutrition.aspx
3. British Heart Foundation-High Cholesterol. http://www.bhf.org.uk/heart-health/conditions/highcholesterol.aspx
4. The Heart Foundation www.heartfoundation.org.nz
5. National Heart Foundation of Australia. Food and Nutrition Facts — Eggs, legume, pulses, nuts and
seeds.
http://www.heartfoundation.org.au/healthy-eating/food-and-nutrition-facts/Pages/egg-legumespulses-nuts-seeds.aspx
6. NZ Nutrition Foundation. The Role of Eggs in the Diet of New Zealanders. November 2014. Ref 81:
Teresa Cleary (Diabetes NZ) 191h August 2014.
7. National Heart Foundation of Australia. Food and Nutrition Facts — Eggs, legume, pulses, nuts and
seeds.
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RESPONSE FROM COMMERCIAL APPROVALS BUREAU ON BEHALF OF THE MEDIA
We have been asked to respond to this complaint under the Code for Advertising Food,
Principle 1 —high standard of social responsibility; Principle 2 — misleading and Principle 2
Guideline 2(a) nutrient and nutritional claims should be factual.
The complainant's concerns are quite clearly based on her own lifestyle choices.
Eggs are a highly nutritious food making an important contribution to a healthy, well
balanced diet. They are a source of at least 11 different vitamins and minerals as well as
high quality protein, omega-3 fats and antioxidants.
There are many studies on egg consumption and health confirming that eggs have no
association with either heart disease or strokes in otherwise healthy individuals. Eating eggs
at breakfast time can help control hunger as protein slows digestion as well as glucose
absorption. This is why a good lean protein should be included in diabetic meals.
The New Zealand Nutrition Foundation suggests eating up to six eggs a week as part of an
economical, healthy and balanced diet. The CF classification signifies that this commercial
for eggs meets the minimum standard to be recognised as an Everyday or Sometimes food
under the Ministry of Health's Nutrient Framework for Schools.
CAB sees no reason to uphold this complaint.
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