The OPC complained that the Smarties website breached the RCMI because it was directed primarily to children and because Smarties are not a healthy dietary choice. The brightly-coloured website displays images of Smarties and features a colouring-in competition open only to children aged 3–10. See http://www.smarties-australia.com.au/
The ASB held that the website was not covered by the RCMI because the RCMI applies only to third party websites and not to company-owned websites. (The Smarties website is owned by Nestle). In addition, the website was not directed primarily to children (although it would be “attractive to children”). The competition was for children but the instructions are directed to adults [NB: the instructions were directed to children at the time the complaint was lodged but were subsequently changed]. Accordingly, the ASB held that the AANA Children’s Code and Food Code do not apply.
See ASB decision here