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Danone: Aptamil Pronutra marketing campaign November 2013 Danone has relaunched its Aptamil formula in a major marketing campaign, highlighting its “Pronutra” trademark. There are several aspects to the marketing campaign, all focused on the Aptamil brand name and the supposed health benefits of “Pronutra”, which is associated with Danone’s claim that it has spent 30 years studying breast milk” and has produced its “most advanced formula yet”. Danone’s attempt to imply its formula is close to breast milk is nothing new. Aptamil previously claimed a previous version of Aptamil was ‘more advanced’ and Baby Milk Action won a complaint at the Advertising Standards Authority in 2009 against Danone’s claims that Aptamil was the “best formula” and helped build a baby’s immune system. Danone’s advertising campaign Members of the public have complained to the BFLG monitoring project about the latest advertisements for Danone’s Aptamil formula. A series of advertisement even formed the cover of The Observer Magazine on Sunday 27 October 2013. These advertisments have also appeared separately and the claims made in them are repeated on Danone’s website, which readers of the advertisments are encouraged to seek out by searching for “Pronutra”. The advertisement idealises the formula, suggesting it benefits eyesight. “The closer we look the more we discover. New Aptamil with Pronutra. Follow-on Milk” www.babyfeedinglawgroup.org November 2013 Aptamil is the brand name for one of Danone’s formula ranges, now all highlighted as having “Pronutra”, a name which is itself an idealising health claim. As it is illegal to advertise infant formula under the Infant Formula and Follow-on Formula Regulations (2007), Danone adds the words “Follow-on Milk” to the above advertisement in small letters at the bottom. However, this is insufficient to comply with the Regulations. The associated Guidance Notes state: 48. In order to achieve compliance, companies will therefore need to ensure that formula advertising does not: promote a range of formula products by a focus primarily on the promotion of ingredients, or the effect of ingredients, which are common to both follow-on formula and infant formula.This is exactly what Danone is doing.

Danone: Aptamil Pronutra marketing campaign … Aptamil Pronutra marketing campaign November 2013 Danone has relaunched its Aptamil formula in a major marketing campaign, highlighting

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Danone: Aptamil Pronutra marketing campaignNovember 2013Danone has relaunched its Aptamil formula in a major marketing campaign, highlighting its “Pronutra” trademark. There are several aspects to the marketing campaign, all focused on the Aptamil brand name and the supposed health benefits of “Pronutra”, which is associated with Danone’s claim that it has spent “30 years studying breast milk” and has produced its “most advanced formula yet”.

Danone’s attempt to imply its formula is close to breast milk is nothing new. Aptamil previously claimed a previous version of Aptamil was ‘more advanced’ and Baby Milk Action won a complaint at the Advertising Standards Authority in 2009 against Danone’s claims that Aptamil was the “best formula” and helped build a baby’s immune system.

Danone’s advertising campaignMembers of the public have complained to the BFLG monitoring project about the latest advertisements for Danone’s Aptamil formula. A series of advertisement even formed the cover of The Observer Magazine on Sunday 27 October 2013. These advertisments have also appeared separately and the claims made inthem are repeated on Danone’s website, which readers of the advertisments are encouraged to seek out bysearching for “Pronutra”.

The advertisement idealises the formula, suggesting it benefits eyesight.

“The closer we look the more we discover. New Aptamil with Pronutra. Follow-on Milk”

www.babyfeedinglawgroup.org November 2013

Aptamil is the brand name for one of Danone’s formula ranges, now all highlighted as having “Pronutra”, a name which is itself an idealising health claim.

As it is illegal to advertise infant formula under the Infant Formula and Follow-on Formula Regulations (2007), Danone adds the words “Follow-on Milk” to the above advertisement in small letters at the bottom.

However, this is insufficient to comply with the Regulations. The associated Guidance Notes state:

“48. In order to achieve compliance, companies will therefore need to ensure that formula advertising does not: promote a range of formula products by a focus primarily on the promotion of ingredients, or the effect of ingredients, which are common to both follow-on formula and infant formula.”

This is exactly what Danone is doing.

The advertisement on the left states:

“The closer we look, the more we discover. 30 years of studying breastmilk have taught us how iron helps your baby’s brain development. We’ve used that knowledge to create new Aptamil with Pronutra. It contains a unique blend of ingredients, making it our most advanced formula yet. To discover more, search online for Pronutra.”

The Guidance Notes also state that to comply with the law, advertisements must not:

“promote a range of formula products by making the brand the focus of the advert, rather than specific products (e.g. where specific products are mentioned only in a footnote or in a picture of a tin of formula within the advertisement)”.

Again, this is exactly what Danone is doing, by showing a packshot at the bottom corner of the advertisement so that it can argue it is for

www.babyfeedinglawgroup.org November 2013

follow-on formula. In addition, the follow-on formula label shown does not comply with the Regulationsas the brand is the focus. The Guidance Notes state the text “infant formula” or “follow-on formula” should be at least as large as the brand name (further details below).

Another version of the eye advertisement states:

“The closer we look, the more we discover. 30 years of studying breastmilk have taught us how Omega 3 helps your baby’s visual development. We’ve used that knowledge to create new Aptamil with Pronutra. It contains our highest levels of Omega 3, making it our most advanced formula yet.To discover more, search online for Pronutra.”

The advertisement on the right states:

“The closer we look, the more we discover. 30 years of studying breastmilk have taught us how Vitamin D helps your baby’s bones develop. We’ve used that knowledge to create new Aptamil with Pronutra. It contains a unique blend of ingredients, making it our most advanced formula yet. To discover more, search online for Pronutra.”

Danone is careful in its wording. The claims for iron, Vitamin D and Omega 3 relate to those ingredients, and to breastmilk. While there is an inference that adding them to formula confers the same benefits, this is neither explicitly stated nor supported by research evidence. Indeed, independent research suggests that using formula milk to deliver such nutrients to older babies is not the best way to do so and may even be harmful.

It has been suggested for example that if children are recommended to have vitamin drops and consume fortified milks, high intakes could be consumed. Vitamin D is a category A nutrient in terms of the risk of over-consumption (Meltzer et al, 2002).

There remains a need for more research on the potential harm caused by over-consumption of iron among children, as evidence to date suggests that the liberal use of iron in fortified milks may be harmful for some children.

www.babyfeedinglawgroup.org November 2013

Danone’s Aptamil websitesThere are several Danone websites that come up searching for “Pronutra”.

The one shown (left) is part of the Pronutra campaign. The link to this appears as the sponsored link in the Google search.

The top link in the search is to the Aptaclub page for “Pronutra”, where the full range of products is promoted.

While visitors to the product information area of the site are asked to accept a disclaimer, the Advertising Standards Authority (ASA) has previously upheld complaints about marketing communications for infant formula, even when members of the public have opted in to receive information on infant milks from a company. In a ruling against an email campaign by another company promoting a brand of formula, the ASA ruled:

“We told [the company] not to produce marketing communications for infant formula except in a scientific publication or, for the purposes of trade before the retail stage, a publication of which the intended readers were not the general public.”

Unlike the advertisements, this is explicit in referring to babies from birth.

“Your baby’s first few days, weeks, months and years will be filled with a series of monumental ‘first-step’ milestones. From major mental and physical developments, such as crawling, walking and talking, to less obvious but vitally important changes to their vision, immunity and digestive systems.”

Danone’s Aptamil labelsNote in the above image showing the Aptamil range how the infant formula, follow-on formula and toddler milks are similarly branded, with the Aptamil name and shield dominating the labels. They also share the same blue colour.

This violates the Infant Formula and Follow-on Formula Regulations (2007), which state in Regulation 19: “Infant formula and follow-on formula shall be labelled in such a way that it enables consumers to make a clear distinction between such products so as to avoid any risk of confusion between infant formula and follow on formula.”

www.babyfeedinglawgroup.org November 2013

Danone’s point of sale promotionDanone’s Aptamil “Pronutra” promotion has also been rolled out in retail outlets. Shelf talkers and tear-off leaflets have been found in Tesco displayed alongside the infant formula. This not only breaks the Infant Formula and Follow-on Formula Regulations (2007), but Tesco’s stated commitment to not place promotion next to infant formula (see the Look What They’re Doing in the UK 2013 monitoring report).

The shelf talker promotes: “Aptamil with Pronutra. Our most advanced formula yet”.

The Regulations state: “23. (1) No person shall at any place where any infant formula is sold by retail: (a) advertise any infant formula (b) make any special display of an infant formula designed to promote sales (e) undertake any other promotional activity to induce the sale of an infant formula.”

The shelf talker and the leaflet (left) does not refer specifically to follow-on formula, instead referring to “infant nutrition” and providing a link to the site shown above where the full range of products is displayed.

Baby Milk Action has reported the above activities to Trading Standards and the Advertising Standards Authority for action to be taken to enforce the Regulations.

The Guidance Notes that accompany the law explain in paragraph 51:

“the specific terms ‘infant formula’ and ‘follow-on formula’ should be clearly featured on the packaging, in a font size no smaller than the brand name.

“The colour scheme used for infant formula packaging should be clearly different to the colour scheme of follow-on formula packaging. Using different shades of the same colour is not acceptable as it may lead to confusion.”

Danone totally disregards these requirements.