1. Complaint reference number 155/05 2. Advertiser Cadbury Schweppes Pty Ltd (Boost chocolate bar) 3. Product Food 4. Type of advertisement TV 5. Nature of complaint Discrimination or vilification Race – section 2.1 6. Date of determination Tuesday, 14 June 2005 7. DETERMINATION Dismissed

DESCRIPTION OF THE ADVERTISEMENT This advertisement is set in an urban American scene in which almost every person is of African- American origin. The advertisement focuses on one particular character walking down a street dressed in purple flares and large platform shoes. The man has a large “Afro” hairstyle. Other African-Americans look on as he walks down the street and towards a barber shop. The next scene shows a barber who is working his way through a long line of customers with “Afro” hairstyles. The barber is shown to close the shop and eat a Cadbury’s Boost bar whilst taking a break. The voiceover then describes the chocolate bar as “Smooth chocolate flavoured centre, an explosion of biscuit pieces, lashings of caramel, covered in Cadbury dairy milk, milk chocolate”. The man in the purple suit (sporting a very large ‘afro’ hairstyle) is shown to approach the barber for a haircut. The advertisement ends with a scene which shows a man of Scottish origin set in presumably the Scottish highlands, he is wearing traditional Scottish dress, the man tosses a Boost bar as if it were the size of a large log of timber, at the same time he says an emphasised “Boost”. THE COMPLAINT Comments which the complainant/s made regarding this advertisement included the following: “.. I find the connection between black people and ‘smooth chocolate’ to be absolutely offensive. This is dumb advertising at best – and is basically referring to the people in the advertisement as ‘smooth chocolate’ – a reference that can only be to their skin colour .” THE ADVERTISER’S RESPONSE Comments which the advertiser made in response to the complaint/s regarding this advertisement included the following: “The words “smooth chocolate” are clearly the first 2 words of a full product description being “smooth chocolate flavoured centre, an explosion of biscuit pieces, lashings of caramel covered in Cadbury dairy-milk chocolate.” “… is further supported by the fact that the voice over has been specifically timed to coincide with the introduction of the product to the screen.” “We strongly disagree with the assertion that the reference to “smooth chocolate” in the advertisement has any connection with race or ethnicity. The words “smooth chocolate” are clearly part of a full product description and we are disappointed that one of our customers would think otherwise.” THE DETERMINATION The Advertising Standards Board (“Board”) considered whether this advertisement breaches section 2 of the Advertiser Code of Ethics (the “Code”). The Board considered that the use of the word “smooth chocolate” was in reference to the chocolate bar that it was promoting. The Board did not consider the advertisement to vilify the main character in this advertisement or to present any character in the advertisement in a demeaning or derogatory way. The Board found that the depiction did not contravene the provisions of the Code relating to the portrayal of people (race). Further finding that the advertisement did not breach the Code on any other grounds, the Board dismissed the complaint.