Uncle Tobys fined and criticised over 'deceitful' oat ad claims

By Alison Lowe | 26 November 2015
 
Uncle Tobys defended itself against the complaints.

Uncle Tobys has been forced to pay a $32,500 fine and received criticism from the Advertising Standards Bureau (ASB) after making false claims about the protein content of its oats.

In complaints made to the ASB, viewers said an ad in which Uncle Tobys represents its oats as a “naturally rich in protein superfood” was “confusing, contradictory and deceitful”.

“I feel this television commercial tries in more ways than one to imply that oats are high in protein and I believe this commercial has the potential to mislead consumers as it did me,” another complaint said.

Uncle Tobys said its intention was to communicate that when oats are eaten with skim milk specifically they represent a breakfast that is “rich in protein”.

“It was never our intention to confuse this messaging, and (product manufacturer) Cereal Partners Australia (CPA) was disappointed that the ASB found the final shot confuses these two protein content claims. Given our research indicated that the majority of consumers do prepare and consume their oats with skim milk, we felt this was the most appropriate way to communicate about the protein content," Uncle Tobys said.

But the ASB found Uncle Tobys did not make clear enough the fact that its claim to be a protein-rich superfood status was linked to the oats being prepared with skim milk, and upheld complaints against the ad.

The company said it would change the ending of the ad to clarify its claim.

Uncle Tobys has now paid a fine of $32,500 demanded by the Australian Competition and Consumer Commission for misleading shoppers.

The fine came in relation to similarly misleading claims made on packets of Uncle Tobys oats.

While the packets also featured a disclaimer - "when prepared with [1/2 or 2/3] cup of skim milk" - they were in fine print below the misleading statements, the ACCC found.

"While the ACCC acknowledges that oats have many health benefits, on their own they are not high in protein, contrary to the representations made about these Uncle Toby's products," ACCC chairman Rod Sims said in a statement on Thursday.

"Businesses should be aware that a fine print disclaimer is insufficient to correct or qualify a prominent representation on packaging or in advertising that is false or misleading."

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