The ruling followed a complaint against a Facebook ad for the Zoe food supplement, Daily30+, which claimed it was “just real food” with “No ultra-processed pills”.
The ‘minimally-processed’ mix includes several types of fruits and vegetables to protect against cellular damage, mushrooms for their antioxidant properties, herbs and spices to reduce inflammation and diversify gut flora, as well as nine types of nuts and seeds, quinoa and red lentils.
Zoe responded that the ad was intended to highlight the product’s difference from typical ultra-processed supplements, arguing that while it contains processed ingredients such as chicory root inulin, the supplement as a whole does not meet standard classifications of ultra-processed foods (UPFs).
The ASA upheld the complaint, concluding that while the product overall might not be classified as a UPF by scientific definitions, consumers would likely interpret the advertised claims to mean the product contained no ultra-processed ingredients, which was inaccurate due to ingredients like chicory root inulin and nutritional yeast flakes. They concluded that the ad must not appear again in its current form.
Ruling rejected
In a press statement, Spector announced that the company categorically rejects “the idea that this advert is misleading or that Daily30+ or any of its ingredients could be classed as ultra-processed.”
“The ad clearly states that Daily30+ doesn’t contain ultra-processed pills or shakes,” he said. “That’s because it doesn’t. It is made entirely from whole food ingredients and is designed to be added to meals—not taken as a pill or a shake. The claim is factually accurate and irrefutable.”
Spector noted that the ingredients referred to in the ruling —chicory root inulin and nutritional yeast flakes—are not commonly considered ultra-processed.
“Chicory root inulin is high in fiber, backed by health claims from the EFSA and FSA and is a well-researched, well-understood ingredient added to improve the nutritional profile of many foods and used in clinical practice,” he stated.
“Nutritional yeast is a nutrient-dense powerhouse, full of B-vitamins, minerals and protein and used as a culinary ingredient recommended to improve dietary intakes of micronutrients and healthy protein.
“We see no scientific basis for the ASA’s conclusion—and it risks misleading the public at a time when clarity around healthy eating is more important than ever. The ASA itself has already acknowledged that Daily30+ doesn’t meet the NOVA definition of UPFs. So this ruling is entirely baffling. This ruling only adds to the confusion in a food system already plagued by misleading information.”
UPF definitions
The ASA decision highlighted consumers generally associate UPFs with being unhealthy rather than aligning with formal classification systems like NOVA.
NOVA is the classification system for defining processed foods, organizing food according to the extent and purpose of food processing: Group one is for unprocessed or minimally processed foods; group two contains processed culinary ingredients; group three is for processed foods; and group four is for ultra-processed food and drink.
The conversation around UPF classification is one that continues to cause controversy, and academics recently argued in an open letter that the classification of food as UPF using the NOVA system is scientifically flawed and should be abandoned by researchers.
The letter penned and signed by professors Daniel Hannelore and Thomas Henle, argued that the system lacks objective criteria and has led to a misperception that many foods are inherently unhealthy based on observational studies that are often sensationalized.
James Collier, co-founder of the meal replacement company Huel, has also advocated against painting foods that have gone through processing with the same “negative brush.”
In a previous conversation with NutraIngredients, he noted that the nutritional value of a food should be the primary focus rather than solely its processing method, pointing out that some UPFs can be nutritionally complete and offer convenience.
Industry confusion
Entrepreneur Stephen Bartlett, who has invested in Zoe and featured in the ad, wrote on LinkedIn that he was confused by the ruling.
“I genuinely support having an organization like the ASA to protect consumers from harmful advertising and to hold the marketing industry accountable,” he wrote.
“However, I do believe that the ASA has lost its way. This ruling is the result of one complaint, by one member of the public, on one Facebook post, last year, about one phrase that the ASA admits ‘has no widely accepted definition.’”
He referred to Zoe’s clinical research, the most recent of which showed that the use of Daily 30+ could improve gut microbiome composition, gut symptoms, energy and hunger in healthy adults, noting that “they have contributed more towards promoting health awareness in the UK than any company I know.”
“I really think we should support companies like Zoe and entrepreneurs everywhere who are doing their best to build exciting companies—if we do this, the UK will be a much friendlier environment for entrepreneurs, and that will benefit us all,” he wrote.
Co-founder and CEO of Zoe, Jonathan Wolf, commented underneath the post: “After eight years since we founded Zoe, my belief is we are in a fight with Big Food, just like the fight we had with Big Tobacco in the last century. And our health and the health of our children is on the line.”