GlaxoSmithKline, manufacturer of Ribena ToothKind, went to the High Court after the watchdog the Advertising Standards Authority (ASA) upheld complaints about advertisements for the soft drink. However, Mr Justice Hunt rejected a judicial review of the ASA's adjudication last summer following complaints about a poster advertisement. The ASA asked the advertisers not to repeat a poster picturing Ribena ToothKind bottles as bristles on a toothbrush, because without a qualifying statement it implied that the product actively benefited oral health. They were also asked to delete the claim made in a trade press advertisement that 'Ribena Tooth Kind does not encourage tooth decay'. The ASA said this was misleading because it was an absolute claim, rather than a comparative one.
Mr Justice Hunt agreed. In his judgement he said it 'was indeed an absolute claim and is acknowledged to be so'.
GlaxoSmithKline said it was 'very disappointed' with the High Court ruling and was considering an appeal. Graham Neale, its head of nutritional healthcare business, added, 'This ruling does not change the fact that Ribena ToothKind is the only soft drink that is clinically proven to be kind to teeth and is recognised by many dentists as being the best alternative to milk and water.'
The British Dental Association described the ruling as 'perverse and confusing for the consumer'. Dr Geoff Craig, chair of its health and science committee, said, 'We accredited Ribena ToothKind three years ago because oral health would improve if children drank this sort of product instead of conventional sugary and acidic drinks.'
