ASA Adjudication on RJA Foods Ltd

Ad

An ad feature, for pomegranate juice, was headlined "HEALTHY HAPPY HEART." Text continued "Looking after your heart ... pomegranate juice could improve heart health and minimalise the risk of strokes ... FACTS ... pomegranate juice may help to reduce the hardening of the arteries, which can cause heart disease and strokes ... pomegranate juice could reduce your chances of contracting prostate cancer."

Issue

The complainant, a doctor, challenged whether the ad feature made unauthorised medicinal claims for a food product.

CAP Code (Edition 11)

Response

Pomegreat said they understood that a medicinal claim was one which claimed to treat, prevent or cure a disease, ailment, or adverse condition, or restore, correct or modify a physiological function. They disagreed that their ad feature made medicinal claims and argued that it merely claimed to reduce the risk of certain ailments. Pomegreat asserted that the claims in the ad feature were supported by research and sent the ASA a list of 15 titles of journal articles on the subject. They told us they did not plan to use the ad feature again.

Assessment

Upheld

The ASA noted Pomegreat's comments. Nevertheless, we noted the claims made in the ad feature suggested that the product could have an effect on physiological function to the extent that it could improve heart health or reduce the hardening of arteries. We understood that the claims in the ad feature were medicinal and were therefore unacceptable for a food product.

The ad feature breached CAP Code clause 4.1 (Legality).

Action

The ad feature should not be used again in its current form. We told Pomegreat to consult the CAP Copy advice team before advertising again.

Adjudication of the ASA Council (Non-broadcast)