McDonald's To Lose Heart Foundation Tick

By Danielle Jepson

 

Fast food giant McDonald's has been using the Heart Foundation Tick on a range of its food products for the past 5 years, paying up to $300,000 per year for the privilege. However  yesterday, the chain was informed that they would no longer be able to do so. 

Foundation Chief Executive Lyn Roberts said yesterday there was no criticism of McDonald's or other chains, but that the healthy food program would change direction to concentrate on ingredients delivered to restaurants and food outlets. However, the move comes after years of criticism from nutrition industry bodies for allowing the Heart Foundation Tick to be used endorsing fast food chains that sell primarily high fat, high salt and high calorie food products. 

A number of smaller takeaway chains, including the gourmet pizza group Crust, will also lose the right to display the Tick Device, but the symbol will remain on supermarket foods. Contracts with the takeaway groups will be honoured, with the Tick phased out on fast foods from the first half of next year. 

The Australian Heart Foundation Tick (“Tick Device”) is a self-funded public health program which aims to improve the nutrition of the foods Australians eat most often and deliver better nutritional health outcomes for all Australians. The National Heart Foundation have held a range of certification trade marks for the Tick Device since the late 80s. 

Certification trade marks "certify" that the goods or services in respect of which they are used are of a particular standard with regard to quality, accuracy or other characteristics. The Tick Device has been used on food products that meet strict nutritional criteria and represent choices that are lower in certain nutrients (e.g. saturated fat, sodium) and/or higher in others (e.g. fibre) compared with other foods in the same food category. 

Owners of certification trade marks must ensure that licensees are not only using the trade marks in accordance with the approved criteria, but also, be mindful of the image the licensee is projecting to the marketplace. The actions and image portrayed by the licensees in the marketplace will affect the public view of the certification trade mark. 

For more information about certification trade mark rights, please contact the Fisher Adams Kelly Trade Marks Team on (07) 3229 2655.