The complaint alleged that the product, characterised as an "unhealthy sugary drink," was being marketed inappropriately to young children using the Barbie doll image. The complainant argued that this violated Clause 7.3 of the Food and Beverage Code, which restricts advertising that directly appeals to children under twelve years old, aiming to persuade their parents or others to buy the advertised products.
Fair Cape Dairies, represented by Robert de Rooy & Associates Inc., refuted the allegations on three main points:
The ARB concluded that the complaint did not demonstrate that the packaging violated Clause 7.3. The Directorate noted that the advertising did not instruct children to persuade their parents to buy the product or suggest negative consequences for not purchasing it. They also highlighted Clause 8, which specifically permits character merchandising on packaging as long as it does not appear in targeted television ads.
Ultimately, the ARB found no breach of the Advertising Code by Fair Cape Dairies, reinforcing that the use of the Barbie image on the packaging was within permissible bounds.