That label’s a berry big no-no, says ad regulator
There were berry-red faces at a fruit juice company in KwaZulu-Natal when the advertising regulator ordered it to repackage a product that gave at least one consumer the wrong idea that he was getting a bottle of 42% cranberry juice.
The Advertising Regulatory Board (ARB), acting on a complaint by Aubrey Offer, ruled that the label on the “42% Cranberry Nectar Blend” product made by Spring Meadow Dairy Farm, which makes juices and dairy products, was misleading.
A closer look at the ingredients fine print reveals that just 3% of the contents are “reconstituted cranberry concentrate”.
While the product complies with legislation defining what constitutes a fruit juice blend, the ARB found the main wording on the label created the wrong impression that cranberry juice made up 42% of the contents.
Offer noted in his complaint that reconstituted apple concentrate (19%) and reconstituted pear concentrate (18%) made up much bigger proportions of the juice.
Spring Meadow responded to his complaint by citing the regulatory framework governing the classification, packing and marking of fruit juice and drinks.
Originally the rules said a product had to contain more than 6% of a particular fruit or other ingredient before that fruit could be used in the product name, but the company said the government had granted a dispensation in 2016 amending this stipulation.
Spring Meadow said the new dispensation reduced the proportion from 6% to 2% in the case of berries, lemons, limes and granadillas. This was because only a small quantity of these fruits was needed to create a desired flavour profile, the company said. And some products, such as berries or concentrates, were not always available or they were expensive.
The farm acknowledged its “42%” cranberry juice product was a blend of apple, pear, cranberry and blackcurrant juices. “The minimum quantity is 2% of fruit juice to enable it to be called a nectar blend, and in our nectar we have 3% and we can legally
call it a nectar blend,” Spring Meadow said. “This is an industry norm followed by all fruit juice manufacturers.”
The ARB said it approached the case in line with the code of advertising practice, which states that advertisements may not contain any statement or visual presentation “which directly or by omission, ambiguity or exaggerated claim, is likely to mislead the consumer about the advertised product”.
The complaint centred on the wording “42% cranberry nectar blend” rather than any other labelling issue, the regulator said.
It noted that government regulations stated: “No wording, illustration or other means of expression which constitutes a misrepresentation or which, directly or by implication, creates a misleading impression, shall appear on the container of any fruit juice or drink.”
The board found that a “reasonable consumer” reading Spring Meadow’s label “would no doubt believe the product in question contains either 42% cranberry juice or, otherwise, that its contents comprise mainly cranberry juice, albeit forming part of a blend. Neither of these scenarios is true insofar as the advertiser’s product is concerned.” It disagreed with the company’s assertion that it was acting in line with industry norms, because products from other manufacturers labelled as cranberry blends did not claim this was the main ingredient; only that it was the dominant flavour.
Spring Meadow was ordered to immediately remove the reference to “42% cranberry”. Efforts to reach the company for comment via phone, e-mail and Facebook were unsuccessful.
Dietician and health coach Toni Henderson said fruit juice might be regarded as healthier than sugary cold drinks and fizzy sodas, but many juice products were not a particularly good option. “In the case of blends that are not 100% fruit juice, generally it’s a processed product that has had colourants, preservatives, flavourants, sweeteners and other chemicals added, so obviously it’s not natural and healthy. Water is still the best choice,” she said.
“In the case of 100% fruit juice, you should be diluting it with water because juice contains the same amount of calories as the actual fruit. It’s not a great idea to sit down and eat five whole oranges because that is a lot of calories in one dose.”
Henderson said people should check product labels carefully. “There are loads of choices in terms of available fruit juices and blends, but they are all basically apple, which is a nice juice that can be easily flavoured,” she said.