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