Confidential

Via email: jb@sierraclub.ca

November 29, 2010

Mr. John Bennett

412-1 Nicholas Street
Ottawa ON K1N 7B7

Dear Mr. Bennett:

Re: Consumer Response Council Decision

Our Case #15556 – Canadian Association of Petroleum Producers – “Shelley Powell” –
Television & Internet Advertisement

Advertising Standards Canada (ASC) received your complaint alleging that the above-referenced
advertisement was misleading.

The Consumer Response Council met on November 24, 2010, to consider this complaint. The Council
includes representatives from advertisers, advertising agencies, the media and from the public, all of
whom volunteer their time to participate in this complaint review process. The criteria applied by Council
are found in the Code, a copy of which is available on ASC’s website.

Council reviewed the advertisement, the complaint and the advertiser’s response against the provisions of
Clause 1 (Accuracy and Clarity) of the Canadian Code of Advertising Standards.

Concern over tailings ponds has been expressed by many Canadians. It is a subject about which
individuals hold strong and differing views. The complainants in this case took issue with Ms. Powell’s
statement that tailings are “essentially like yogurt.”

In assessing advertising that is the subject of one or more consumer or special interest group complaints,
Council must consider the overall general impression conveyed by the advertisement. This includes a
consideration of both the audio and the visual elements of the commercial. Following an extensive review
of the commercial, the majority of Council did not find the particular claim in question was misleading in
terms of the Code. They found that Ms. Powell’s reference to yogurt referred only to the apparent physical
consistency of the tailings and did not humanize or soft pedal the more controversial aspects surrounding
tailings.

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It should be noted, however, that Council’s decision was not unanimous. Council was pleased, therefore, to
learn from the advertiser that this commercial had been withdrawn and replaced by another that does not
make any reference to yogurt. In Council’s unanimous view, the commercial as amended should remove
the potential for any unintended and unwarranted message being communicated by the commercial.

Thank you for your cooperation and participation in this self-regulatory process.

Yours sincerely,

Janet Feasby
Vice President, Standards

© 2010 Advertising Standards Canada

This letter may not be excerpted or reprinted without the written permission of Advertising Standards Canada.