ASA Adjudication on Stirling Health Ltd

Ad

A mail order catalogue, for Stirling Health, offered healthcare products, medical devices and books.

Issue

The Health Food Manufacturers' Association (HFMA) challenged whether Stirling Health could substantiate the claims for products:

Venavine:

1. "The abundant Flavonoids in Red Vine Leaf Extract, the active ingredient in Venavine, dramatically strengthens the capillaries and helps to maintain leg vein circulation";

2. "The culmination of improved circulation and reduced pressure provides dramatic relief to swollen painful legs and will significantly reverse the unsightly look of varicose veins";

LDL/HDL:

3. "Pharmacists Select LDL/HDL contains natural ingredients including a therapeutically high dose of Gugulipid, Green Tea and Garlic extract to help you lower your total Cholesterol and LDL Cholesterol levels, without synthetic drugs.  Gugulipid blocks Cholesterol from entering your body";

ProstEase Plus:

4. "ProtEase Plus balanced and proven formulation relieves the symptoms of an enlarged prostate gland suffered in silence by millions of men";

5. "Many men who use ProstEase Plus as a general health supplement report that it increases feelings of vitality, feelings of well-being and sex drive";

Joint Support Formula:

6. "Joint Support Formula is the result of extensive research into scientifically proven natural ingredients which relieve the pain and discomfort caused by arthritis, whilst repairing the long term damage to your joints and cartilage";

7. "Uses the clinically proven daily dosage level of 1500mg Glucosamine together with Chondroitin to initiate and enhance the regeneration of damaged cartilage";

8. "Uses therapeutic levels of MSM, Boswelia Resin, Hops Extract, Ginger Root Extract and Beta Sitosterol to reduce inflammation and reduce pain";  

DHEA:

9. "DHEA improves libido and reduces menopause-related depressions, as well as giving general benefits including greater mobility, decreased pain, better ability to deal with stress and better sleep";

10. "Scientists have also found preliminary evidence that DHEA can strengthen the immune system, protect against diabetes, help prevent fat production and even enhance alertness and memory. DHEA can also prevent the signs of ageing, including dry eyes, dry skin and sagging muscles";

Nutra-Betic:

11. "Regulate blood sugar, overcome excessive thirst, alleviate extreme fatigue, reduce excessive urination, obesity and hypertension";

12. "Nutra-Betic is the most advanced and comprehensive product scientifically formulated to support the specific needs of all diabetics (including people suffering from hypoglycaemia) and greatly improve the quality and enjoyment of their lives" and

13. ... all of which have been scientifically proven to help Diabetics to support normal blood sugar levels whist supporting the vascular and circulatory systems and maintaining optimum health and vitality.

The ASA challenged whether:

14.  the claims for the Ampli-Ear, "Hear Like Never Before", "Hear the QUIETEST whispers", "Watch TV with the volume on LOW", "Ampli-Ear has proven itself to be one of the best, most reliable hearing amplifiers in the world today" and "All new digital circuitry - and the Digital Enhanced Capacitor amplifies sound like never before!" could be substantiated;

15. the claims for the Saltpipe respiratory aid, "100% Natural ... Proven ... Tested ... Safe ... Effective ... No Drugs ... No Side Effects ...", "A few minutes of regular daily use: Helps you breathe more easily.  Assist rehabilitation and medical treatment.  Helps to cleanse the respiratory system" and "The Saltpipe has been independently tested in clinical trials" could be substantiated;

16. the ads made medicinal claims and referred to serious medical conditions, such as prostrate problems, diabetes, poor circulation, bronchitis and respiratory diseases without a marketing authorisation and

17. the ads could discourage readers from seeking essential treatment from a suitably qualified health professional.

CAP Code (Edition 11)

Response

Stirling Health did not respond to our enquiries.

Assessment

1. - 17. Upheld

The ASA was concerned by Stirling Health's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

Because Stirling Health failed to provide substantiation for the claims for Venavine, LDL/HDL, ProstEase Plus, Joint Support Formula, DHEA and Nutra-Betic, the Ampli-Ear and the Saltpipe respiratory aid, we considered that the claims had not been proven and were therefore misleading.  We were also concerned that the catalogue used medicinal claims to promote unlicensed products in breach of the Code and could discourage readers from seeking essential treatment from a suitably qualified health professional.  We concluded that the catalogue breached the Code on numerous counts.

The catalogue breached CAP Code clauses 2.2 (Social responsibility), 2.6 (Non-response), 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 (Medical and scientific claims), 50.3 (Discouragement of essential treatment) and 50.11 (Marketing authorisation).

Action

The catalogue must not appear again in its current form.  We told Stirling Health to withdraw it with immediate effect and asked CAP to inform its media members of the problem with Stirling Health.

Adjudication of the ASA Council (Non-broadcast)