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Boots baby formula adverts broke rules, watchdog says

Ads for baby formula products for babie up to six months are prohibited in the UK

Maanya Sachdeva
Wednesday 23 August 2023 10:08 BST
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Boots apologised for the ads that appeared due to ‘human error’
Boots apologised for the ads that appeared due to ‘human error’ (Getty Images/iStockphoto)

Online adverts for baby formula products stocked by Boots broke advertising rules, the country’s watchdog has ruled.

The Advertising Standards Authority (ASA) on Wednesday upheld a complaint against the retailer over ads for four brands of instant formula products that appeared on the sidebar on search engines, such as Google, earlier this year.

In the UK, it is against the law to promote instant formula products for babies up to six months since it could discourage breastfeeding.

The regulator noted Boots had apologised for the automated, paid adverts for four brands – Aptamil, Hipp Organic, Cow & Gate, and Kendaml – that had appeared due to “human error”.

Boots explained that these ads were generated automatically via an algorithm that promotes products on offer on its website.

Products that cannot be advertised or are subject to advertising restrictions, such as baby formula, are listed in an exclusions file.

Boots said the ads had appeared online because an up-to-date version of this file had not been sent to its paid ads team, while a previous list had become out-of-date as a result of a refresh.

“Boots pointed out that the processes used for social media and digital display ads had continued to exclude the products, which suggested that the problem with the paid search advertising was due to human error,” the ASA said.

It upheld that a consumer would understand the ads were promoting baby formula because of the text and imagery on them.

“We welcomed Boots’ prompt action in removing the ads and their assurance that they would amend their processes to avoid a similar situation reoccurring,” the ASA concluded. “However, because the ads had the effect of marketing infant formula, which was prohibited under the [ASA] Code, we concluded that they breached the Code.”

The World Health Organisation (WHO) recommends only breastfeeding babies for the first six months, and supplementing breast milk with solid food until the age of two.

The health organisation has urged countries to ban baby formula ads because they might discourage breastfeeding.

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