South Africa: Ruling Against Ad About Danger of Fizzy Drinks 'Strikes At the Heart of Public Health Advocacy'

'I do not believe a reasonable person would interpret the advert as suggesting that a single sip of a sugary beverage directly causes diabetes or other NCDs [noncommunicable diseases],' Dr Patrick Ngassa Piotie said in his expert submission in the case against the Healthy Living Alliance.

'I do not believe a reasonable person would interpret the advert as suggesting that a single sip of a sugary beverage directly causes diabetes or other NCDs [noncommunicable diseases],' Dr Patrick Ngassa Piotie said in his expert submission in the case against the Healthy Living Alliance.

In October 2024, the Healthy Living Alliance (Heala) launched a campaign calling for the government to strengthen the Health Promotion Levy (the sugary drinks tax).

The radio advert, broadcast in Afrikaans, said: "Fizzy drinks and fruit juice make our children sick. With every sip, sugar is dumped into their bodies, leading to obesity, heart disease and diabetes as they age. We must protect our children from all drinks with sugar in them. Insist on a stricter health promotion levy now. Sign the petition on heala.org."

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A complaint was lodged by an individual after his child heard the advert and was distressed.

The Advertising Regulatory Board (ARB) found the advertisement to be misleading, according to clause 4.2.1 of section II of the Code of Advertising Practice, which states: "Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead...

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