24 Aug 2024 Appeal dismissed: Woolworths’ rBST-free milk ads adjudged compliant

The Advertising Appeal Committee (AAC) has dismissed an appeal lodged by Dr Tod Collins against the ARB Directorate’s earlier decision…

Collins, an experienced veterinarian and dairy farm owner, had challenged Woolworths’ advertising claim regarding its milk, arguing that its “rBST hormone-free milk” was misleading and could potentially cause unnecessary public fear.

The ad in question stated: “When only rBST hormone-free will do. Tested and audited, so you know what’s in your milk.” Collins contended that this statement was deceptive, particularly questioning the accuracy of Woolworths’ claims about rBST (Recombinant Bovine Somatropin) and its effects on milk.

In May 2024, the Advertising Regulatory Board (ARB) ruled in favour of Woolworths which Collins appealed – but now the AAC has upheld the Directorate’s decision, following Collins’ appeal, concluding that Woolworths’ advertisement was not in violation of advertising standards.

Collins’ complaint raised several issues:

• Misleading Terminology: He argued that the advertisement’s use of the term “hormone” did not adequately inform consumers about the difference between safe and potentially harmful hormones, thereby misleading the public.
• Accuracy of Claims: Collins challenged the assertion that rBST does not enter milk and questioned whether Woolworths’ claims of testing and auditing could be substantiated.

•  Implied Comparison: He also contended that the advertisement implied that competitors’ milk contains rBST, which could scare consumers into avoiding non-Woolworths milk.

In its defence, Woolworths asserted:

• Claim Accuracy: The company provided confidential information and evidence to support its claim that its milk is rBST hormone free and that it undergoes rigorous testing and auditing.
• Testing Procedures: Woolworths demonstrated that rBST can be tested in milk and that their testing methods are approved by relevant authorities. They argued that their advertisement was accurate and based on scientific evidence.

• Consumer Choice: The company maintained that the ad’s language was intended to provide information rather than induce fear. They emphasised that the ad was designed to meet consumer demand for rBST-free milk and did not make direct comparisons with competitors’ products.

The AAC reviewed the complaint against the relevant provisions of the Code of Advertising Practice:

• Misleading Claims: The Committee found no evidence that Woolworths’ advertisement misled consumers. The information provided was deemed factually accurate and not misleading.
• Testing and Safety: The AAC accepted Woolworths’ evidence showing that rBST could be tested in milk and that their testing methods were legitimate and verified.

• Fear Inducement: The Committee concluded that the advertisement did not play on consumer fears. The language used was deemed to inform rather than scare consumers.

The Committee found that Woolworths’ advertising practices complied with the Code of Advertising Practice and did not mislead or exploit consumers.

Collins vows to continue his campaign

According to a report in Daily Maverick, Collings has vowed to pursue the matter through the Department of Agriculture because he says the restrictions are threatening food security and South Africa’s dairy industry.

This article also outlines some of the controversy around rrBST – given to cows after they have given birth between days 57 and 70 of the lactation cycle, to extend the period of peak milk production.

It has been safely used by commercial dairy farmers since the early 1990s and confirmed as harmless in both meat and milk products by an exhaustive list of international bodies, including the American Cancer Society; American Council on Science and Health; American Dietetic Association; the Canadian Animal Health Institute; the EU’s Committee for Veterinary Medicinal Products; FDA; FAO of the UN; International Dairy Food Association and the US Dairy Export Council.

Many countries have confirmed rBST is safe and does not threaten the human food chain. But despite widespread acceptance, rBST remains controversial: While approved by the FDA in the US, it has been banned in numerous countries including the EU, Canada, Australia, and New Zealand due to concerns about increased health risks in cows.

Some consumers think rBST is a steroid hormone that is harmful to humans: it’s not a steroid, it’s a protein, digested like any other protein when consumed, acknowledges Pick n Pay in a policy document on rBST.

While the FDA maintains there is no significant difference between milk from rBST-treated and untreated cows, milk from rBST-free cows can be labelled as such, giving consumers a choice. Read more here

Eurofins announces new validated method for detecting rBST in liquid milk

In related news, in April 2023, this global leader in product analyses and testing announced it had developed and validated a method to detect rBST in liquid milk products.

The use of the artificial growth hormone rBST in dairy production is illegal in most countries around the world, except for five, including the US. While there is not a scientific conclusion on the health effects from consuming dairy products produced from cows treated with rBST, there is consumer hesitancy around dairy products coming from cows treated with rBST.

“Our company strives to meet the needs of the industries we serve. We’re proud to offer a sensitive, rugged, and validated method for rBST in milk, a very challenging analyte,” said John Reuther, President of Eurofins Central Analytical Laboratories.

The method developed and validated by Eurofins detects a peptide of the recombinant protein. The peptide is detected utilising liquid chromatography tandem mass spectrometer (LC-MS/MS). This state-of-the-art technology allows for sensitive and accurate detection of rBST at concentrations lower than 0.001%.

“By utilising rBST testing, brands can add a layer of security to product label claims. Dairy processors can confirm that the milk products used in production are genuinely rBST free,” said the company.

“Until now, dairy products have been labelled with text stating that a product was produced with milk from cows ‘not treated with rBST’ without any data to support this declaration. This innovative testing will allow for the vague verbiage to be exchanged with ‘“’tested free from rBST’. Additionally, rBST testing could potentially boost US dairy exports to countries that have banned the use of rBST in dairy products.”

Source: BizCommunity, DailyMaverick, Eurofins