ASA Adjudication on SSL International plc
SSL International plc
Venus
1 Old Park Lane
Trafford Park
Urmston
Manchester
M41 7HA
Date:
23 April 2008
Media:
Television
Sector:
Health and beauty
Number of complaints:
1
Agency:
McCann Erickson
Complaint Ref:
30194
Ad
A TV ad for Full Marks Solution head lice treatment. A voice-over stated "Head lice. So many heads, so much hair. There are treatments, but they can be slow. But not Full Marks Solution. It's clinically proven to kill head lice in just 10 minutes. No pesticides, no resistance. Yes, 10 minutes, which means no leaving it on overnight. Full Marks Solution kills head lice in ten minutes. How quick is that?". On-screen text stated "Kills Head Lice in 10 minutes".
Issue
Thornton and Ross Ltd challenged whether the claim "It's clinically proven to kill head lice in just ten minutes" could be substantiated.
BCAP TV Code
Response
SSL International (SSL) said Full Marks Solution (FMS) comprised a fine-toothed metal comb and combing solution for the mechanical removal of head lice and their eggs. They said they had initiated two randomised, controlled clinical trials comparing FMS (without combing) and a licensed pharmaceutical product. They asserted that those trials demonstrated that FMS was highly effective in killing head lice following a ten minute application to the scalp. They said FMS was not ovicidal and they therefore included two potential ways of completing the eradication of an infestation; either removal of eggs using the fine-toothed metal comb provided in the pack, or they recommended a second application, seven days later which killed any lice that had emerged from eggs before they reached maturity. They provided a copy of the clinical trials and said they had been accepted for publication in a peer-reviewed journal.
Clearcast said they considered the substantiation they had been given at clearance stage supported the claim that head lice could be killed within ten minutes.
Assessment
Upheld
The ASA noted the evidence sent by SSL compared FMS (without combing) and a licensed pharmaceutical product, and that those clinical trials had been accepted for publication in a reputable peer-reviewed journal. We sent the evidence to an expert. The expert said, in his view, the evidence sent by SSL was robust high quality evidence which showed that two ten minute applications of FMS, seven days apart, could eliminate head lice. We therefore considered that the claim "clinically proven to kill head lice" was substantiated.
We noted the children in the trials were given a treatment on the first day and another treatment seven days later. We noted the results of the trials showed subjects that were treated with FMS still had lice present after the initial ten-minute treatment, and, even after the second ten-minute application of FMS, some subjects had lice present. We noted the product was not ovicidal and that the ad stated "Kills Head Lice in 10 minutes". Whilst we understood some head lice would be killed after the initial ten-minute application we considered that the ad implied one ten-minute application of the product was all that was required to leave hair completely lice-free. We considered viewers would understand that to mean, although some eggs could be present, no lice would be present after one ten-minute application of the product and any repeat treatment would be required only due to re-infestation from unhatched eggs rather than remaining head lice. That implication was reinforced by the statements that some other treatments could be slow and that the product did not have to be left on overnight. We noted the evidence sent by SSL showed that lice were present after a ten minute treatment and that they recommended a second treatment seven days later if required. We considered, therefore, that the claim "to kill head lice in just ten minutes" was misleading.
The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).
Action
The ad must not be broadcast again in its current form.
Adjudication of the ASA Council (Broadcast)