Cease and Desist Order against Nestle

CDO on Nestle; PNoy antics sunk

by Willie S. Baun

Published online on 22 June 2011, STREETLIGHTS, Journal Online, People's Journal

(Original article available here)

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One caveat to heed

“Woe unto hypocrites,” is a warning that a global baby food chain should hopefully won’t ever ignore again. It’s courtesy of this corner’s regular kibitzer Jose from the files of the Advertising Standard Council. 

ASC recently issued a Cease and Desist Order (CDO) to Nestle Philippines for its Nido 3+ ad featuring endorser Presidential sister Kris Aquino and her son Baby James.

In the litigated  Nido 3+ television commercial, a competitor was alluded to on the issue of sugar levels to inform the public that Nestle’s baby formula has more milk and less sugar, while its rival has the opposite, i.e., less milk, more sugar. But the strategy boomeranged. 

It was, however, cited before the ASC that Nestle used a misleading and inaccurate claim to sway consumers that Nido+ has less sugar by trumpeting the equation “less carbohydrates = less sugar.” 

ASC was told that apparently, Nestle means Sucrose when they say sugar, which encompasses glucose, lactose, carbohydrates, moreover, include polyols and poly-saccharides. Obviously, carbohydrates levels do not have one-is-to-one ratio with Sucrose in milk since in the formulation, there are other sources of sugar and carbohydrates. 

Additionally, Nestle purportedly advanced the false claim that Nido+ has the lowest carbohydrates content among 3+ milks, implying by transitivity that it has the lowest sugar level (if less carbohydrates = less sugar, and Nido 3+ has the lowest carbohydrates, therefore, Nido3+ has the lowest sugar.) 

The claim that Nido3+ has the lowest carbo content among 3+ milks actually meant, however, it has lowest sucrose content, not sugar. But if you add total sugars in the formulation, it turns out that Nido+ has 15 percent more sugar than its competitor. 

The Nestle gambit bombed. The ASC for good reason for the CDO issuance and has directed media outfits to stop airing the Nido+ ads. 

As the CDO rings the alarm “Woe unto Hypocrites,” I can’t help thinking how Churchill would have detested using sugar to mean sucrose and vice versa so loosely. The sin he called“terminological inexactidude” has remained unforgiveable."