Wragge & Co LLP Advertising & Marketing Law team has secured victory for Birds Eye over complaints made to the Advertising Standards Authority (ASA).

The complaints regarded a Birds Eye advertising campaign featuring its omega 3 fish fingers. Sustain, the alliance for better food and farming, and two individuals, brought the complaints before the ASA. None of the complaints were upheld.

IP associates Carlton Daniel and Kate Swaine advised Birds Eye. They worked alongside Anthony Barratt, Group Legal Counsel at Birds Eye.

Carlton Daniel said: "The omega 3 and 'Good Mood Food' claims are essential to Birds Eye's advertising strategy. By securing these positive decisions, the client can continue to use its promotional claims with full confidence."

Anthony Barratt said: "This is a great result for us. It could not have been achieved without the assistance and dedication of the Wragge & Co team."

The complaints concerned magazine and television adverts promoting Birds Eye omega 3 fish fingers. It was claimed that the adverts were misleading. The complainants did not believe the fish used to make Birds Eye fish fingers contained a significant amount of omega 3. The complainants also said that the strap line 'Good Mood Food' was misleading because it implied that the product could benefit the mental health of a child.

The ASA found that evidence sent by Birds Eye proved that their fish fingers did contain a significant amount of omega 3, above the level European Regulations suggested were required. The ASA also found that the strap line 'Good Mood Food' did not imply that omega 3 fish fingers could improve the mental health of a child.

Birds Eye Iglo Group is Europe's largest frozen food producer with sales in excess of €1.2 billion. Birds Eye is owned by private equity firm Permira, who acquired the company in a deal with Unilever in November 2006.

Wragge & Co was appointed to advise Birds Eye in 2007 following a competitive pitch process. A team led by IP partner Cerryg Jones won a full service mandate, becoming the frozen food giant's preferred legal adviser in the UK.

The Advertising & Marketing Law team provides a wide range of services to clients, helping to formulate advertising strategy, clearing copy and content, managing disputes with competitors, assisting with investigations and complaints by regulators and drafting and negotiating sponsorship, advertising agency and celebrity talent agreements. Latest  work for Birds Eye includes advising on its ground-breaking 'Be Mortgage Free' promotion and the celebrity talent contract for the associated promotional adverts.

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For further information about this press release, contact Kathryn Hobbs on +44 (0)121 213 2397, Alexa Highfield on +44 (0)121 213 2396 or Amie Ryalls on +44 (0)121 213 2360

This press release may contain information of general interest about current legal issues, but does not give legal advice.