On that point ads (a), (b), (d), and (e), breached CAP Code (Edition 12) rule 15.18 15.18 ​​HFSS product advertisements must not be directed at people under 16 through the selection of media or the context in which they appear. No medium should be used to advertise HFSS products, if more than 25% of its audience is under 16 years of age.​​(HFSS product ad placement). In 1930, the MacRobertson's chocolate company were looking to add a new product to their children's range. Initial designs for a chocolate mouse were rejected, as Harry Melbourne felt that women and children were afraid of mice and would dislike the product. [3] It was instead decided to produce a chocolate frog, branded as "Freddo Frog". [2] There were four varieties available: milk chocolate, white chocolate, half milk/half white, and milk chocolate with peanuts. Don’t rely on age-gating! Depending on the content, an ad may still be seen to be targeted at children.

Ads (f) and (g) were posted on Cadbury’s YouTube channel, which featured the Cadbury logo and a range of videos which featured Cadbury HFSS products and Cadbury branding. We considered that ads (f) and (g) were created for the purposes of promoting the new biscuit product and Freddo story book through short clips. Taking into account both the nature of the channel and the demographic data available, we concluded that ads (f) and (g) had been appropriately targeted and did not breach the Code.

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Ad (c) was an ad for HFSS products which was targeted through its content directly at pre-school and primary-school children and included a promotional offer. Response CAP Advertising Guidance titled “Identifying brand advertising that has the effect of promoting an HFSS product” laid out that the promotion of HFSS products might occur both directly (where an ad featured an HFSS product), and indirectly through the use of branding that was synonymous with a specific HFSS product; that could be through product-related branding or company or corporate branding more broadly.

For reasons of hygiene and safety, personal grooming products, cosmetics or items of intimate clothing cannot be returned. The CAP Code required that HFSS product ads must not be directed at children through the selection of media or the context in which they appeared, and that no medium should be used to advertise HFSS products if more than 25% of its audience was under the age of 16. Cadbury also stated that in the comic book and audio book, no reference to Cadbury branding, Freddo or chocolate products were made. Cadbury said no elements of the YouTube videos were directly targeted at children. For the promotion, Cadbury noted participants had to be 18or older to be eligible.Unwanted Food or Drink Products - Once supply conditions are broken, there are a number of factors outside of our control that can affect the quality of a product. Therefore perishable goods such as food and drink cannot be returned. When is an HFSS ad aimed at children? And is age-gating enough? Or is it the ad’s content which really counts?

On that point we also investigated ads (c), (f) and (g) under CAP Code (Edition 12) rule 15.18 15.18 ​​HFSS product advertisements must not be directed at people under 16 through the selection of media or the context in which they appear. No medium should be used to advertise HFSS products, if more than 25% of its audience is under 16 years of age.​​(HFSS product ad placement), but did not find them in breach. The product was invented in 1930 by Harry Melbourne, an 18-year-old MacRobertson's employee. [1] In 1967, MacRobertson's was sold to Cadbury, which incorporated Freddo Frogs into its own product range. [2] The chocolate was originally sold only in Australia, but has been introduced into several other markets.

Freddo Frogs became part of the Cadbury product range in 1967, when MacRobertson's was sold to Cadbury. In Australia, Freddo Frogs are manufactured in Ringwood, Victoria and Claremont, Tasmania. Since the success of Freddo, an alternative chocolate named Caramello Koala (formerly Caramello Bear), also made by Cadbury, has been created. Caramello Koala is the only flavour in which the chocolate is not shaped like "Freddo".

With regards to ad (f), the YouTube video was featured on Cadbury’s own YouTube channel and highlighted their new Freddo biscuit product. They said that no element of the content was directly targeted at children and the overall look, feel and messaging was towards an older audience. They said Freddo Biscuits were a sharing product, designed to be in tray format intended for family sharing occasions and targeted towards the wider population. With regard the YouTube ads, ad (f) promoted a new HFSS Freddo chocolate biscuit, and prominently featured that biscuit. Ad (g) was an animated ‘trailer’ for “The Missing Hop” comic and audio books. We therefore considered that through the use of the Cadbury Freddo branding and by featuring a HFSS product, the YouTube ads had the effect of promoting HFSS products. Ads (f) and (g) were therefore HFSS product ads. a b Berry, Steve; Norman, Phil (2014). A History of Sweets in 50 Wrappers. London: The Friday Project. pp.46–47. ISBN 978-0-00757-548-0.Ads (a), (b), (c), (d), (e), (f) and (g) were ads for products that were high in fat, salt or sugar (HFSS product ads) that were directed at children through the media or context in which they appeared; and The poster ad featured an image of a Freddo chocolate bar, and was located within 100 metres of a school. The ASA therefore concluded that the audience of the ad was significantly skewed towards under-16s. Therefore the ad breached the Code as HFSS product ads are not to be directed at children.