- The National Advertising Division (N.A.D) has recommended The Hershey Co. modify packaging advertising for its Brookside chocolate-covered candies to clarify that the products are made with fruit flavors rather than actual fruit.
- Mars, Inc. had challenged the product packaging and television advertising for the candies.
- Hershey's has already modified its Brookside packaging in accordance with recommendations by removing the words "natural source source of flavonol antioxidants" and adding in the word "flavor" after the fruit names.
The N.A.D found the changes acceptable, though it still recommended a change to the font sizes. As it stands, the name of the fruit on the packages is in much larger font than the word "flavor." The N.A.D also recommended Hershey change its television commercial, in which chefs chop chocolate and prepare berries and pomegranates. While the voiceover says “flavored with a blend of juice concentrates and fruit flavors,” the N.A.D contends that the visual cues draw viewers’ attention away from the import of the spoken words. Hershey said the commercials were only set to run through 2013, so that is no longer an issue.
As for the redesign of the packaging, Hershey said that while it disagrees with N.A.D’s assessment with regard to the product name and the layout of the packaging, it supports industry self-regulation and will take N.A.D’s recommendation into account. This brings up an interesting point about self-regulation. So long as companies show that they do respond to concerns, they hope to not have the government taking a greater role in dictating practices.