ASA Adjudication on Bangla TV

Ad

Monitoring staff viewed an ad for Ervamatin and requested a translation from Bangla TV. The transcript claimed “If you suffer from hair loss, thinning or just slow growing hair, Ervamatin power is your answer. Ervamatin is a natural lotion made from plants that grow in the Amazon rainforest and sold in more than 50 countries world wide … It is completely safe and natural and can be used effectively for man [sic] and women of all ages without any side effects. Ervamatin works by restoring the damaged hair and strengthening the root. Simply massage into your scalp twice a day and in the first and second months you will notice a decrease in hair loss and new growth will appear on the third month. Your hair will become thicker and fuller whether you are balding or want to have a healthier and thicker head of hair.” The on-screen text stated “100% natural product. Clinically tested and recognised by the World Health Organisation. A cure for baldness, hair loss and alopecia.”

Issue

Monitoring staff challenged whether:

1. Ervamatin  was a cure for baldness, hair loss or alopecia;

2. Ervamatin  would restore damaged hair and strengthen the root;

3. Ervamatin  was clinically tested and recognised by the World Health Organisation and

4.  the "before" and "after" photographs were genuine and supported by documentary evidence;

Response

1., 2., & 4. Bangla TV submitted translated summaries from various studies that evaluated the effects of Ervamatin.  

3. The distributor of Ervamatin in the UK, HMP, explained that all the plants and ingredients in Ervamatin were accepted by the Cosmetic Toiletry Fragrance Association (CTFA), which was a member of the World Health Organisation (WHO).  They submitted a translation of a Certificate of Free Commercialization from the Brazilian Ministry of Health.  They explained that because Brazil, a WHO member state, had certified the product for export, the product must conform to the WHO membership rules.

Assessment

1., 2. & 4. Upheld

We noted the advertiser did not, when asked, submit the raw data from the studies for expert evaluation.  We noted the product had not been peer-reviewed in a major medical journal, as we would have expected if the product worked as claimed.  We noted the only authorised treatments for hair loss were Finasteride and Minoxidil and Ervamatin did not contain them.  The MHRA confirmed that claims to cure baldness and alopecia were medicinal claims and were not acceptable for unlicensed products.   The MHRA added that, if the company intended to market the product with medicinal claims, a marketing authorisation would have to be granted before Ervamatin could be sold or supplied in the UK; Ervamatin did not have a marketing authorisation.  

We considered that the evidence was inadequate to substantiate the claims.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading), 5.2.1 (Evidence) and 8.2.3 (Products without a marketing authorisation).

3. Upheld

In the absence of evidence to substantiate the claim, we considered that a translation of a certificate from the Brazilian Ministry of Health did not substantiate the claim that the product was clinically tested and recognized by the WHO.  We concluded that the claim was misleading.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading), and 5.2.1 (Evidence).

Action

We concluded that the ad must not be shown again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.

Adjudication of the ASA Council (Broadcast)