ASA Adjudication on IntraMed Ltd

Ad

A direct mailing for a range of health and beauty supplements, including Ginkgo Biloba, stated "Ginkgo Biloba - your fountain of youth. You can be as mentally and physically fit at 87 as you were at 32. If you want to ensure naturally, simply and healthily that you no longer suffer from memory problems, that circulation related problems, backache, impotence, deafness, heart problems and tiredness all disappear, then send for your supply of Ginkgo Biloba today. By taking just two capsules of Ginkgo Biloba each day you will cope better with stress; your blood pressure will return to normal, a little more each day; your cholesterol level will fall, your short term memory will improve; after just a few days, you'll feel as though you've fallen into a real fountain of youth".

Issue

1. The complainant, who received the mailing despite being registered with the Mail Preference Service, and despite previous assurances from the advertiser that his details had been suppressed, challenged why he had received the mailing.

2. The complainant also challenged whether the claim "You can be as mentally and physically fit at 87 as you were at 32" could be substantiated.

3. The ASA challenged whether any of the health benefit claims for Ginkgo Biloba could be substantiated.

CAP Code (Edition 11)

Response

1. IntraMed Ltd (IntraMed) gave their assurance that they had now removed the complainant's details from their database. They said they did not know why the complainant's details had not been removed previously, but that they had reconfirmed with their bureau that suppression files must be kept up to date.

2. & 3. IntraMed said that a lot of research had been undertaken on Ginkgo Biloba, and that it had been found to have a wide range of important therapeutic effects. IntraMed said clinical research revealed that Ginkgo Biloba was effective in treating various forms of vascular, neurological and cardiovascular diseases. They submitted an overview of the plant, its components and the disease it could treat. They also submitted an overview of some clinical research that had been carried out on Ginkgo Biloba.   

Assessment

1. Upheld

The ASA noted IntraMed's assurance that the complainant's details had been removed from their database. However, we also noted that IntraMed had been unable to explain why the complainant had received the mailing despite being registered with the Mail Preference Service. Because the complainant had received the mailing despite previous assurances from IntraMed that his details had been suppressed, we concluded that the ad was in breach.

On this point the ad breached CAP Code clauses 43.1, 43.2c and 43.2d (Database practice).

2. & 3. Upheld

We noted the overview of the clinical trials into the efficacy of Ginkgo Biloba, although we also noted that we had not seen the full text or methodology of those trials. We considered that that overview was not sufficient in itself to support the claims made in the ad. We considered that claims made in the ad, such as "memory problems ... circulation problems, backache, impotence, deafness, heart problems ... all disappear" and "your blood pressure will return to normal ... your cholesterol level will fall", strongly implied that Ginkgo Biloba was effective in treating the serious medical conditions referred to. We were concerned that we had not seen robust scientific evidence, for example randomised, controlled trials conducted on people, that supported the efficacy claims made in the ad, and we therefore concluded that the ad was misleading.

On those points the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1, 50.3 and 50.5 (Health and beauty products and therapies) and 50.20 (Vitamins, minerals and other food supplements).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)