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Seven ad blunder leads to Nestle breaching rules for kids advertising – again

Nestle has been found guilty of breaching the industry’s rules on advertising unhealthy products to children just weeks after promising it had put new processes in place following a similar incident.

The finding is particularly embarrassing for Nestle  because it was a founding signatory of the Responsible Children’s Marketing Initiative and its marketing director Ian Alwill is also chairman of the Advertising Standards Board, the industry’s self-regulation watchdog.  

Last year, Nestle was found to have been advertising Smarties in TV shows aimed at children, which is unacceptable under the RCMI guidelines. At the time it said that the ads – which should have been targeted at programs primarily watched by parents rather than children – had run in kids’ films thanks to a breakdown in communications between its media agency ZenithOptimedia and broadcasters.

In October Nestle told Mumbrella: “Having been made aware of this, we are now putting processes in place to ensure that no other Nestlé products that do not represent healthy dietary choices appear inadvertently during children’s programming.”

The original finding against the company came on October 13.

But on October 23, the ad for its ice cream Drumstick ran during a morning airing of My Friends Tigger and Pooh on Seven in Brisbane.

Although Nestle denied that the airing of the ad breached the rules, it said that Seven has broken its own instructions on the broadcast. It told the ASB:

“In relation to My Friends Tigger and Pooh, Nestlé admits this show is Children’s Programming. Nestlé would like to note to the Board that it was inadvertent on the part of Nestlé and unplanned that the advertisement appeared during this program. This placement was a bonus spot provided by the network. It was not in the media plan, nor was it booked or approved by Nestlé or its agency. Further, the placement of the Advertisement during this program was contrary to the instruction given by Nestlé to the network.”

Nestle continued: “Nestlé is concerned that, contrary to its instructions to the network and its media schedule, the Advertisement nonetheless appeared during Children’s Programming. To ensure there is not a repeat of this inadvertent and unplanned screening of an advertisement for its products during Children’s Programming, Nestlé is currently taking further steps to ensure that other Nestlé products do not inadvertently appear during Children‟s Programming.

It said that it would be “again notifying the networks at senior management level that advertisements for Nestlé products are not to be screened during Children‟s Programming (for both paid and unpaid media airtime)”.

However, the ASB ruled that Nestle had breached the rules. It said: “The relevant requirement is that the company not advertise food and beverage products to children under 12 in media unless those products represent healthy dietary choices. The Board noted that the advertised product Drumstick ice creams are not a healthier dietary choice.”

It added: “The Board accepted that this broadcast during My Friends Tigger and Pooh was in error and also noted the steps that Nestle has subsequently taken to ensure that there is no similar error made. Despite being broadcast in a child’s programme in error, the Board considered that the advertisement breached the RCMI.”

The ASB dismissed complaints at the ads appearing in shows such as Junior Masterchef and The Simpsons as these have a majority adult audience.

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