The ASA ruled this week that Hero Foods cannot advertise its Fruit2day drinks with the claim they provide two of the five recommended daily portions of fruit and veg. Why? Because fruit juices and smoothies' low fibre means they can only count as one portion, regardless of the quantity drunk.

Fair enough, some might say - except that Fruit2day is neither a fruit juice nor a smoothie; it is a combination of juice, purée and fruit pieces positioned as a new 'drinking fruit snack' subsector, and there are no guidelines covering that. Even if there were, Hero's two-portion total is based on adding part portions of fruit, purée and juice - not allowed under DH guidelines on drinks, despite part-portion veg being allowed to total whole portions when added to cooking sauces.

By sticking rigidly to the letter of the law, ASA has wasted a huge amount of money. Worse, Hero Foods, which had planned an £11m media spend, has opted to withdraw a product that is performing well in Britain and across Europe because it can't support it with UK ads. Shame