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BrandWrites

By the Trade Marks Group at Bird & Bird

| 1 minute read

Grain-Free or Claim-Free? Tightening the Leash on the Advertising of Pet Food Products

Advertising is one of the most effective ways in which a brand can reach consumers. Laws and regulations are in place to protect consumers from false advertisement claims, but what happens when the end-user is not quite your average consumer?

The Advertising Standards Authority (ASA) recently carried out a review looking into how pet food is advertised. Pet owners are well used to claims of products being advertised as ‘grain-free’, ‘plant-based’, or ‘natural’. Where a pet follows a diet tailored to their breed, age, or individual health requirements, such claims can have an even greater influence on the choices of the consumer.

As part of the review, the ASA reviewed a wide range of pet food brands and the way they are advertised. The results found that not all comparative advertisement claims were supported by clinical evidence, particularly claims relating to the health benefits of products.

Keen to tighten the leash, the ASA reminds brands that all claims must be supported by robust clinical evidence. In an era where wellness products are on the rise, claims which dance on the line of promoting medicinal benefits (such as improving joint health or repelling fleas) are particularly troubling. If the products are not appropriately licensed, these claims will be unlawful regardless of the evidence collected. As illustrated in the ASA’s ruling in THE PACK PET claims of pet food being ‘plant-based’ may also be found to breach advertising rules.

To improve compliance, the ASA has published further guidance on pet food advertising. The Supreme Court also recently tightened the leash on the advertising of products for human consumption in Dairy UK Ltd v Oatly AB, where it was held that milk alternative products (such as oat milk) may no longer be advertised as ‘milk’. We are yet to see how strictly the ASA will monitor similar claims in the pet food sphere, such as those advertising pet food products to be ‘vegan’ or similar.

Nonetheless, pet food advertisers are urged to review the ASA’s guidance to avoid ending up in the doghouse.

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