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Unilever, the maker of Knorr soups, argued that the phrase was misleading and unsubstantiated, suggesting that Imana’s product was the top-selling or most preferred soup in South Africa. It claimed the slogan violated the Code of Advertising Practice, which require factual claims to be backed by evidence and prohibit misleading or ambiguous advertising.
Said Unilever in its complaint: "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.
Imana Foods countered that 'Imana No.1 Soup' was not a factual or superiority claim but rather a brand name that has been part of its identity since the late 1980s. The company said the term “No.1” was used colloquially to mean “awesome” or “delicious” in South African vernacular, not to indicate market leadership.
Said Imana: " The trade name was registered as a trade mark in 1997 and has been in continuous use for nearly four decades. It was launched at a time when there were a number of soup products on the market, including the Complainant’s Knorr brand."
Although Imana Foods is not an ARB member and therefore not subject to its jurisdiction, the regulator considered the matter for the guidance of its members. The Directorate noted that the 'No.1 Soup' mark has been used for nearly 40 years without prior complaints, that it appears as part of the registered 'Imana No.1 Soup' trade name, and that it is not accompanied by any language suggesting comparative superiority.
The ARB also referenced earlier rulings, including the Iwisa No.1 Maize Meal case, which found that “No.1” in such contexts amounted to puffery — an expression of enthusiasm rather than an objective claim.
In its decision, the ARB found that the phrase 'Imana No.1 Soup' is used as a brand identifier rather than a substantiable claim and is unlikely to mislead consumers. The complaint was therefore dismissed.