The ASA upheld complaints from drinks industry consultants Zenith International, the Natural Mineral Water Association and members of the public about various adverts for Mars' AquaDrops brand, arguing that they were misleading and irresponsible, because they implied the product could hydrate and could encourage consumers to use the sweets as a water substitute.
One such ad carried the statement: "AquaDrops - the first hydrating sweets, designed to leave your mouth cool & refreshed".
According to the ASA, Mars claimed the sweets had been formulated with a unique blend of fruit acids to stimulate the production of saliva in the mouth immediately and for a period of time after the sweets were eaten. In addition, Mars said, the sweets' mouth-refreshing property was enhanced by the flavouring used in both the apple and citrus varieties.
The company also suggested that consumers, as a matter of common sense, would not expect a hard sweet to hydrate the whole body by providing it with water, adding that consumers were accustomed to the word 'hydration' being used for products, such as moisturising creams, that provided a 'moisturising' or 'refreshing' effect to a specific part of the body.
Furthermore, Mars emphasised that the press advertising produced for consumers had clearly explained that the 'hydration' offered refreshment of the mouth only, adding that its market research had clearly shown that consumers expected the sweet to be refreshing and to provide 'relief for a dry mouth' and nothing more.
But these claims were dismissed by the Authority, which considered that while both the brand name of the sweets and the tagline "sweets that flood your mouth" implied the product was refreshing, the use of the term 'hydration' also implied the addition or replenishment of water, or moisture.
Because the sweets did not have that effect, the ASA concluded that both the claims "Instant Hydration" and "hydrating sweets" were misleading and told Mars to stop using them in its adverts.
Zenith's chairman Richard Hall welcomed the decision. "A solid sweet cannot provide hydration, and even sucking a stone in the desert causes the mouth to salivate. Such a respected company giving such a false impression could lead some consumers to delay proper hydration when they need it most."
Bottled water sales continue to grow rapidly in the UK, helped by the healthy image of the product and growing awareness of the need for proper hydration. And with the market worth around £955 million in 2003, according to market analysts Mintel, the industry is increasingly determined to protect its position from potentially damaging claims such as those made by Mars.