Sushi restaurant chain and chocolate brand fall foul of ‘less healthy’ foods advertising rules

The ASA upheld a complaint against a paid Instagram advertisement for YO!’s collaboration with KitKat, finding that it breached the CAP Code rules restricting online advertising of identifiable less healthy food products. The advert used YO! and KitKat branding, including the slogan “Have a break from tradition”, and contained the text “Made with KITKAT® Cream Puff”. Bite Back (a food campaigning organisation) argued that this made the ad an online advertisement for a less healthy product.

YO! accepted that its Chocolate Cream Puff made with KitKat® was a high fat, salt or sugar (HFSS) product but said the campaign was intended to promote the YO! and KitKat brands rather than a specific menu item. It explained that the reference to the cream puff had been added in error during the approval process and was not identified before publication. YO! stated that Nestlé had no involvement in funding or placing the advert and that steps had been taken to prevent a recurrence.

The ASA concluded that, although brand advertising is exempt from the HFSS restrictions, the inclusion of the wording “Made with KITKAT® Cream Puff” meant consumers could identify a specific product, namely YO!’s Chocolate Cream Puff made with KitKat®. As that product was both HFSS and fell within the regulated category of desserts and puddings, the advert was an identifiable less healthy food advertisement and therefore prohibited. The ASA ruled that the ad must not appear again in the same form and instructed YO! to ensure future paid online advertising does not identify specific less healthy products.

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