ASA Adjudication on Numico Beheer BV

Ad

A direct mailing, for Prime tablets, was headed "Prime '90 Day Free Trial' Test Certificate". Below, it stated "Savings of up to £21.00. Free book worth £9.95. 3 month Risk Free Trial ... The Prostate Healing Miracle That Flushes Prostate Problems Away, Protects Your Prostate, Eliminates Weak, Frequent Urination ... And Acts As A Natural Aphrodisiac. My sole aim is to help you get better and I'm convinced Prime will benefit you enormously. I so [sic] certain that Prime is going to make an astounding improvement to your life ... In the unlikely event Prime doesn't live up to your highest expectations during your risk free trial, just telephone or write in and you will receive a full and instant refund ... If on the other hand, Prime brings you the relief you've been waiting for, all I ask is you tell everyone you know how effective Prime is ...". At the bottom of the mailing was a promotional coupon, which stated " ... I guarantee that Prime is the very best prostate protector ever devised. Your satisfaction is 100% guaranteed ... (if) you find Prime makes a profound improvement to the health of your prostate, please spread the word to anyone you know who may be suffering prostate problems. Prime may help the [sic] get better too".

Issue

1. Essex Trading Standards believed the mailing was misleading because it claimed a cure for serious medical conditions.  

The ASA challenged:

2. whether the mailing made medicinal claims for an unauthorised product; and

3. whether the mailing was irresponsible by offering advice and treatment for serious or prolonged medical conditions and potentially discouraging essential treatment.

CAP Code (Edition 11)

Response

NutriPLUS said the mailing had been discontinued and was no longer being used and the offer was no longer valid.

Assessment

1.,2. & 3. Upheld

The ASA welcomed NutriPLUS's assurance that they were no longer using the mailing. We noted a Marketing Authorisation was needed from the Medicines and Healthcare products Regulatory Agency (MHRA) before marketers were able to make medicinal claims for their products and we understood that Prime was unlicensed. Because the mailing referred to serious medical conditions, made medicinal claims for an unauthorised product and could discourage consumers from seeking essential treatment for serious or prolonged medical conditions, we considered the mailing breached the Code.

The mailing breached CAP Code clauses 2.2 (Responsible advertising), 50.2 (Self-diagnosis), 50.3 (Discouragement of essential treatment), 50.11(Marketing authorisation) and 50.20 (Scientific substantiation).

Action

We told NutriPLUS to seek CAP Copy Advice before advertising again.

Adjudication of the ASA Council (Non-broadcast)