In the Wakker Dier radio advertisement, supermarket Jumbo from Veghel is criticized. Because she ‘unabashedly sells customers a lot of meat’, the animal welfare foundation says. To the tune of Jumbo, they turn it into a cynical radio spot. How much effect does such a radio spot have and can you just use someone else’s brand for a critical note?
In the commercial, Jumbo’s biggest competitor Albert Heijn is praised to the skies by Wakker Dier. Because, according to the foundation, they have taken major steps to get customers in the plant-based direction. ‘Jumbo would rather make mincemeat of that,’ is what they say. And then to the recognizable melody of the Veghel grower: ‘Go with the times, Juuuuumbooooo’.
“The fact is that this advertisement comes from Wakker Dier, and not from Albert Heijn. Otherwise this would not be allowed,” says lawyer Charlotte Meindersma. Wakker Dier is allowed to do this on the basis of freedom of expression. “As a Wakker Dier you can make a statement. The only thing that could be a problem is that she says that Jumbo does nothing right and does not offer any alternatives. I don’t know if that is factually correct.”
“What we say must also be a bit exciting for companies.”
Wakker Dier is convinced of their approach, says spokesperson Collin Molenaar. “Our own experience is that it helps. We have conducted many campaigns for the welfare of chickens in the past. These campaigns have been running for years and have ensured that all private label chicken meat in supermarkets now has one star from the ‘Better Life Quality Mark’. .”
According to the foundation, everything they do is within the law. “We ensure that everything we say is correct and that it is done within legal limits, we do this in consultation with a legal specialist. Everything with a wink. And what we say must also be a bit exciting for companies.”
The club wants Jumbo to become more plant-based, but figures show that Jumbo is performing the worst of all supermarkets. “They sell 68 percent animal proteins, Albert Heijn 57 percent, Aldi 63 percent and Lidl 61 percent. The Jumbo is still a bit conservative: a lot of meat and animal products.”
The spot could cause Jumbo some reputational damage, thinks Tobias Cohen Jehoram, a professor of intellectual property law and a lawyer. “As a trademark holder, Jumbo can oppose this, unless Wakker Dier has a valid reason. If everything Wakker Dier claims in the commercial is factually correct, then they have a valid reason for this.”
“This way you can make a parody of something you criticize.”
Cohen therefore does not see going to court as promising. “Jumbo will leave that out of his mind. That is grist to Wakker Dier’s mill. Then the advertisement will receive even more attention. And especially if you were to lose the case, which is likely here.”
The fact that the tune under the advertisement is almost the same as that of Jumbo is no reason to complain. “It may be protected by copyright, although the jingle here is very short. But that law also has exceptions. For example, you can make a parody of something you criticize. Wakker Dier also has the better cards there.”
Until then, Jumbo can also sit still while she is being shaved because the radio spot last ran on Thursday for the time being. Molenaar: “But this advertisement may return in a month. It is a long-term campaign. Jumbo is at the top of our list.”
Jumbo says it is surprised by the campaign. She says she is still in discussions with Wakker Dier and wants to meet the target. “We are working hard on that.”
Would you like to hear the radio spot? Listen to it below.
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