ASA Adjudication on Ace Continental Exports Ltd

Ad

An ad in Bengali for Rumoplus on Bangla TV said “Are you suffering from rheumatism, arthritis, fibrosis, spondylosis, sprains and strains or joint pains or lower back pain, cervical and limber spondylosis? Don’t worry, take Rumoplus. The natural ingredients in Rumoplus will help you naturally to ease the pain and get back to work. Rumoplus. Call Ace Herbal Product on 0845 xxx xxxx that is 0845 xxx xxxx at Rumoplus.” On-screen text stated “are you suffering from Rheumatism, Arthritis, Fibrosis, Spondylosis, Sprains, Joins [sic] and lower back pains and cervical and limber spondylosis? Don’t worry, take Rumoplus. The netureal [sic] ingredients in Rumoplus helps [sic] you naturally. Rumoplus. Ace Herbal Product Tel 0845 xxx xxxx www.dbcare.org ” over background graphics of a skeleton.

Issue

Monitoring staff challenged whether Rumoplus:

1.  was a treatment for rheumatism, arthritis, fibrosis, spondylosis, sprains, strains, joint pains, lower back pain, cervical and limber spondylosis;

Monitoring staff challenged whether the ad:

2.  made medicinal claims for an unlicensed product;

3.  suggested that Rumopluss effectiveness was due to it containing "natural ingredients".

4.  Monitoring staff challenged whether Bangla TV had sought independent medical advice as required by rule 8.1.1.

BCAP TV Code

Response

Bangla TV withdrew the ad as soon as it was brought to their attention.  Bangla TV submitted no evidence to substantiate the claims and did not comment on how they believed the ad complied with the Code.

Assessment

1.  Upheld

The ASA noted Bangla TV promised to send the evidence when they received it from the advertiser.   We were concerned that Bangla TV had not sought to evaluate the evidence before broadcast as required by the Code.  Because we had not received any evidence, we considered that the ad was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading) and 5.2.1 (Evidence).

2.  Upheld

We understood that Rumoplus did not hold a marketing authorisation under the Medicines Act 1968.  Medicine law defines medicinal claims as those that suggest the product can treat or prevent a disease or restore, correct or modify physiological function by metabolic, pharmacological or immunological means. We considered that the ad offered to help sufferers of rheumatism, arthritis, fibrosis, spondylosis, cervical and limber spondylosis.  We considered that the ad had made medicinal claims for an unlicensed product.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.3 (Products without a marketing authorisation).

3.  Upheld

We considered that the ad suggested Rumoplus was effective because of its "natural ingredients".

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.14 (Natural products).

4.  Upheld

We noted Bangla TV had not sought independent medical advice for a proper assessment of claims as required by rule 8.1.1.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 8.1.1 (Assessment of claims).

Action

We concluded that the ad must not be shown again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.  We reminded Bangla TV of its responsibility to ensure that transmitted advertisements complied with the Code.

Adjudication of the ASA Council (Broadcast)