The Advertising Regulatory Board (ARB) has rejected a complaint by Unilever South Africa, the makers of Knorr, over rival brand Imana Foods’ use of the phrase “No.1 Soup” on its soup packaging.
Unilever argued that the term could mislead consumers into believing Imana is South Africa’s top-selling or most-preferred soup brand.
According to Unilever, advertising rules require any claim of market leadership or superiority to be backed by evidence, which it said Imana did not provide.
“The Complainant asserts that, as the advertiser of the Knorr brand soups, it holds documentary evidence which contradicts the implied superiority conveyed by the claim ‘No.1 Soup’, and that the Advertiser does not appear to possess substantiation to support such a claim,” Unilever told the ARB.
Brand identity
Imana Foods, established in 1984, offers “a wide basket of meal solutions and flavour enhancements to homes across Africa.”
The beloved food group said that “No.1 Soup” is not meant as an objective claim, but is part of its brand identity.
The company explained that the slogan has been in use since the late 1980s, and was officially registered as a trademark in 1997.
It said the phrase is understood in a South African context to mean something is “awesome” or “delicious,” rather than literally the number one in sales.
Regulator sided with Imana
Although Imana is not a member of the ARB and therefore not bound by its rulings, the regulator still issued a decision for the benefit of the industry.
It noted that the phrase “Imana No.1 Soup” has been used for nearly 40 years without any complaints.
It also appears as part of the product’s registered trade name and is not phrased in a way that directly claims market leadership or superiority over competitors.
The ARB referenced earlier cases – such as the “Iwisa No.1 Maize Meal” ruling – where the term “No.1” is an example of puffery – an expression of enthusiasm rather than a factual statement.
Ultimately, the board found that ordinary consumers are unlikely to be mislead by what is purely a brand identifier. As such, it dismissed the complaint.
