Dutch margarine brand The Flower Farm (TFF) has lost its appeal against the first ruling of the Advertising Code Committee (RCC) on all points. On Dec 17, 2019, the Board of Appeal (CvB) confirmed the RCC ruling on the company’s misleading anti-palm oil marketing.
The CvB decision was stricter than even that of the RCC. It stated that TFF’s marketing concept is misleading and that it must adjust packaging, a television commercial and video, social media messages and website content.
In the Netherlands, all margarine is deforestation-free. In its marketing campaign, TFF erroneously opposed sustainable palm oil, and wrongly set up consumers against margarines containing sustainable palm oil. All statements made by TFF about palm oil and deforestation were therefore deemed unqualified, unilateral, misleading and not permitted.
In arriving at its decision, the CvB also considered the statements of NGOs that support sustainable palm oil and have no commercial interest of great importance.
In November 2019, the RCC had ruled that the campaign for the new margarine brand was misleading, inaccurate and indiscriminate. TFF appealed against part of the ruling but lost.
The CvB ruled in favour of the European Palm Oil Alliance (EPOA) and with additional arguments. It said TFF had acted in breach of both the Dutch Advertising Code and the Environmental Advertising Code.
The CvB said: “[The] EPOA has made it sufficiently plausible that the RSPO standard actually offers guarantees. Furthermore it is important that the RSPO certification is supported by [NGOs] the World Wide Fund for Nature, Solidaridad and other organisations that have no business interests in the palm oil industry and that are specifically aimed at nature conservation and social goals. Solidaridad’s statement submitted with the defence shows that they fully support the complaint against [The] Flower Farm and that they consider the RSPO as a credible and effective organisation for making the palm oil sector more sustainable.”
The CvB considered claims suggesting that tropical rainforests must be destroyed for palm oil as incorrect and therefore misleading. Also misleading is the claim that palm oil exterminates animals including the orang utan. It ruled that the statement by TFF that a family saves 30 square metres of rainforest each year when using its margarine is incorrect and is in violation of the Environmental Advertising Code.
TFF may no longer use this statement. It has to adjust the text on pack about the destruction of rainforests by palm oil. This also applies to the television commercial, the video that is used in the campaign, and films with texts on Instagram and Facebook and the website.
Support for the ruling
The EPOA is committed making the palm oil sector more sustainable and points out that only sustainably produced palm oil can solve the problems for people and the environment. It is supported in this by a large number of NGOs and scientists.
Nico Roozen of Solidaridad confirmed: “We are very happy with both rulings. The Flower Farm’s anti-palm oil campaign is polarising and does not offer a sustainable solution that is widely supported. Opportunism becomes leading and that does not serve sustainability.”
Professor Dr Ir. Otto Hospes of Wageningen University & Research said: “The Flower Farm cannot live up to its promises in their campaign. If you use palm oil-free margarine, you shouldn’t have the illusion to save the rainforest from destruction. It would be much better if The Flower Farm were to use sustainably certified palm oil in their products.”
The palm oil industry is complex and can only be tackled globally. Together with other international initiatives, the EPOA is working on 100% sustainable palm oil use in Europe.
EPOA Chairman Frans Claassen noted: “I am delighted with this ruling. Both [the] RCC and CvB support our approach and punishes misleading and one-sided messaging. TFF likes to position itself as the Tony Chocolonely of the margarine industry, but they are not. The Dutch chocolate brand Tony Chocolonely is committed to making the cocoa sector more sustainable. TFF does nothing related to sustainability. If TFF really wants to work towards a better world, they should join our initiative for sustainable palm oil.”
European Palm Oil Alliance
This is an edited version of a press release.
