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. 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. 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.

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 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. 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". When is an HFSS ad aimed at children? And is age-gating enough? Or is it the ad’s content which really counts? Additionally, for children under 16:(HFSS product ad placement), but did not find it in breach. ActionCadbury Freddo Biscuits were launched earlier this year to widen the much-loved Freddo offering,’ a Cadbury spokesperson explained to Metro.co.uk. ‘The biscuits are dipped in delicious Cadbury milk chocolate to give the perfect flavour and texture for the coating. As always, retailers are free to set their own prices.’

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.

Step 4

Don’t rely on age-gating! Depending on the content, an ad may still be seen to be targeted at children. 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. 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. 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).