ASA Adjudication on Healthy Marketing Ltd

Ad

A direct mailing, for Memory EPA capsules, stated "MEMORY EPA GET YOUR MEMORY BACK! ... NEW MEMORY LOSS PREVENTION PILL!". Further text stated "Headline news in the Daily Express 12th March issue stated '£1-A-Day pill that will make you smarter' featuring a remarkable new capsule packed with fatty acids that in tests has been shown to boost human brain power and fight off dementia. The capsule is being hailed as a miracle brain pill, which will allow people of all ages to grow astonishing amounts of grey matter and dramatically improve their learning and memory skills. Scientists have also found that the supplement helps protect the skin from harmful UV rays and leaves people looking and feeling years younger. The capsules contain a combination of essential fatty acids derived from oily fish and a very pure form of evening primrose oil. The article stated that the capsules have already been tested on patients suffering from the most severe forms of dementia such as Huntington's Chorea; and the tests show that it reverses the effects, even in elderly suffers [sic]". The ad showed a picture of an article from the Daily Express, which featured the headline "Pill to make you clever".

Issue

1. The complainant challenged whether the claim that the capsules could reverse the effects of Huntingdon's Chorea could be substantiated.

2. The ASA challenged whether the references to serious medical conditions could discourage essential treatment.

We also challenged whether Healthy Marketing could substantiate the claims that the product:

3. dramatically improved learning and memory;

4. "helps protect the skin from harmful UV rays" and

5. "leaves people looking and feeling years younger".

CAP Code (Edition 11)

Response

Woods Supplements said the claims were all taken from the Daily Express article shown in the ad. They said they did not intend to run the ad again in future.

Assessment

Upheld

The ASA noted Woods Supplements had taken the claims about the product from the Daily Express article shown in the ad. However, because Woods Supplements did not provide evidence to show that the product could work as claimed, we concluded that the claims were misleading.

We also considered that the references to Huntingdon's Chorea and dementia, which were serious medical conditions, could discourage essential treatment.

The ad breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 and 50.3 (Health and Beauty Products and Therapies).

Action

We told Woods Supplements to ensure they had evidence to support their claims before they published future ads and to ensure that they did not refer to serious medical conditions.

Adjudication of the ASA Council (Non-broadcast)