A brief mention of ice cream is usually enough to put a smile on a child's face.
But claiming that ice cream makes you happy has Unilever Australasia's Streets brand in trouble.
A billboard in New Zealand, advertising Paddle Pop, Magnum and Splice, claimed: “ICE CREAM MAKES U HAPPY”
But a complaint to the Advertising Standards Authority called the slogan irresponsible given obesity issues in New Zealand.
"Food should not be advertised as a way to improve people’s mood, given that ice cream is high in fat and sugar," the local resident said.
The Advertising Standards Authority upheld the complaint, saying the advertisement was not "socially responsible".
However, Streets ice cream says the statement -- Ice Cream Makes You Happy -- is a bit of puffery that cannot mislead.
"Puffery is an exaggerated, fanciful or vague statement that no reasonable person could possibly treat seriously or find misleading," says the advertiser.
"The statement represents that eating Paddle Pop, Magnum or Splice ice cream is an enjoyable experience. Consumers will not reasonably interpret the advertisement that eating Paddle Pop, Magnum or Splice increases their level of happiness in a measurable way, or that it provides nutritional value that is beneficial to their health."
A comparable example, says the advertiser, is the statement that “Red Bull gives you wings”.
"Consumers will not expect that the product will lead to an improvement of their physical abilities or that the statement is supported by any scientific evidence," says Street's.
Ben & Jerry’s, another Unilever ice cream brand, is having problems in the US where it claims its product is made with milk exclusively from “happy cows".
The class action seeks damages for ice cream buyers who believed the milk came from Vermont dairies that participate in a “Caring Dairy” program.
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