Back in March The Editor lodged a complaint against McDonald’s with the Advertising Standards Bureau over their television advertisement for a kids Happy Meal. Ed’s got a bit of familiarity with the Australian Association of National Advertisers (AANA) Advertiser Code of Ethics and Advertising to Children Code and thought the Happy Meal ad blatantly breached clause 2.8 of the Children’s Code:

Advertisements to Children which include or refer to a premium*
(b) should not create a false or misleading impression in the minds of children that the product advertised is the Premium rather than the Product

*anything offered free or at a reduced price and which is conditional upon the purchase of a regular product

So the Board’s verdict is in and the complaint was dismissed (PDF). McDonald’s argued that the toys were not “a Premium as defined by the code” and clause 2.8 was therefore irrelevant. The Board was forced to “reluctantly agree” with legal advice supplied by McDonald’s that the toys are part of the Happy Meal and “not a product that is additional to the regular product.” But the Board, clearly smarting over Maccas’ legal trickery, had some harsh words for the burger giant, noting in its final report that “the advertiser had found a way that is not in accord with the spirit of the Children’s Code.”

This self-regulation thing’s working a treat, innit?