ASA Adjudication on Healtheeze

Ad

A TV ad, in Urdu, for Golden Bull Kastoori Capsules, began with a man talking to camera. He continued to speak as the ad changed to film of cantering horses and then just onscreen text. He said "If you are worried about yourself and your family's health, or feeling depressed and weak because you don't have children, then a natural remedy like Golden Bull Kastoori Capsules may help you. For men and women, for weak and for childless people, for tiredness, laziness, mental or physical weakness. For the health of your family - Golden Bull Kastoori Capsules". The onscreen text, in English, stated "Golden Bull Kastoori for men & women. Made with Ayurvedic & Herbal Extracts for Energy, Impotency, Power & Strength". Below, an arrow pointed to text that said "Food Suppliments [sic]. We make no Medical Claim". The text was replaced with further text that stated "Buy 2 Get 1 Free. For Male. For Female. Free Advise [sic] For Free Delivery in UK/Europe Call xxx". A female voiceover, in English, said "Buy 2 get 1 free. For free delivery anywhere in the UK and Europe phone xxx". Text throughout the ad said "Call xxx".

Issue

A viewer believed the ad was making medicinal claims that could not be substantiated and was therefore misleading.

BCAP TV Code

Response

Healtheeze said the ad simply offered a natural remedy with no guarantee of cure or reference to any specific illness, disease or addiction and had only stated that Golden Bull might help a viewer. They said it did not claim that taking the capsules was necessary for normal, good physical or mental health, or that viewers need not seek medical advice. They said, when they provided Golden Bull to customers, they asked various health related questions and asked why the customer considered they needed the remedy. They said they explained that the product was a natural remedy and would take some time to achieve a positive effect. Healtheeze said they were unaware of any scientific evidence that proved natural remedies worked, and believed the only proof of efficacy was personal experience, daily practice and books. They explained that the ad was not currently on air.

Venus TV said the ad had been checked by their Compliance Officer. They said the ad clearly stated "We make no Medical Claim" and did not claim to cure for any illness. They said the ad had not claimed that the remedy was a substitute for medical advice or that all viewers needed to use Golden Bull.

Assessment

Upheld

The ASA noted the ad stated "We make no Medical Claim". However, we also noted the ad referred to medical conditions, in particular, depression, impotency and childlessness and claimed that Golden Bull might help viewers with such conditions. We were concerned that the ad claimed the product could help with impotency, an adverse medical condition, and considered it could discourage viewers from seeking help from suitably qualified medical professionals. We were also concerned that by stating "For the health of your family - Golden Bull Kastoori Capsules", the ad implied the supplement could enhance normal, good physical condition. We concluded that the ad was in breach of the Code.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 8.2.6 (Conditions requiring medical attention), 8.2.9 (Cure), 8.3.1 (Accuracy in food advertising) and 8.3.5 (Dietary supplements).

Action

The advertising must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)