Danone challenges Clover’s custard claim over unaccredited survey

The regulator accepted Clover’s formal undertaking that the expired festive campaign would not run again, concluding the matter without an official ruling.

SOUTH AFRICA – Ultra Mel, a brand under Danone Southern Africa, has challenged Clover’s claim that 99% of customers rank its custard as their first choice.

The group reported the festive season claims, which included the above statement, to the Advertising Regulatory Board (ARB). It argued that the information was sourced from surveys conducted by organisations not accredited by the Southern African Market Research Association (Samra).

According to ARB filing papers on 4 June, Clover, which holds a market share of less than 20%, based its claims on surveys conducted through Hometesterclub.com, a global online community of consumers that provides product reviews.

The complaint centred on packaging and social media advertising for Clover vanilla custard, with Danone saying it was apparent that Clover was “relying explicitly” on a Home Tester Club survey conducted in August 2025. It argued that any such survey used must be conducted by a researcher accredited or accepted by Samra.

On the other hand, Clover argued the claims related to materials appearing only on secondary packaging, namely the corrugate boxes used to house the product, not the “primary consumer-facing packaging”.

They were also in circulation for a limited festive campaign during December, which has since expired and will not be running again.

As a result, the ARB’s directorate found that any concerns Danone may have had about the advertising had already been addressed.

It said it “accepts the advertiser’s undertaking as adequate resolution to the complaint”, offering no further ruling in the matter.

ARB CEO Gail Schimmel emphasised this was not a reflection of the merits of the case, either for or against Clover, explaining the ARB’s directorate automatically wouldn’t consider the merits after receiving an undertaking that the campaign was over.

It could be that had we considered the merits, we may have found the claims were fine. But when there is an undertaking, it is a waste of our resources to consider the merits when the claim has already been removed and won’t be used again.”

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