ASA Adjudication on Park Wholesale Beds Ltd

Ad

A regional press ad, for the "Miracle Mattress", stated "Miracle Mattress. Makes you feel 10 years younger … The powerful, revolutionary Shenergy ionised mattress will boost recovery from neck, back and joint pain … whilst increasing energy and concentration levels, supporting an active lifestyle." The ad also featured a list headed "Health benefits" that stated "Increased Energy Boost, Neck, back pain relief, Joint Inflammation Reduced, Helps Speedy recovery, Enhanced Natural Sleep, Boosts Circulation, Advances Cooling, Warming Dual Temperature Control, Natural Healing Power".

Issue

1.  The complainant challenged whether the claim that the mattress could increase energy and concentration levels could be substantiated.

2.  The ASA challenged whether the claimed health benefits, including the mattress's ability to respond to body temperature, could be substantiated.

CAP Code (Edition 11)

Response

1. & 2.  Park Wholesale Beds (Park) said that an increase in concentration levels was not central to their marketing message and would be removed from future ads.

In relation to the "increased energy" claim, Park sent a summary of a study conducted into the efficacy and safety of ionised textiles.  The study was conducted on 20 patients who suffered from chronic osteoarthritis and chronic fatigue syndrome. They were asked to try an ionised mattress cover for four weeks followed, unknowingly, by a non-ionised mattress cover for a further four weeks.  Subjects also underwent a physical examination prior to the trial which included measurement of the 12 meridians of the body based upon traditional Chinese medicine and reported the effects of the products based on these criteria.

The study summary reported that, after using the ionised mattress cover, 16 subjects noticed improved energy levels; 11 subjects said they had improved back and neck discomfort, 6 said they had a continuous nights sleep and felt less cold; and 3 subjects, who undertook an electrocardiogram, found that irregularities in their heart rhythm had improved.  In the subsequent portion of the trial, where patients used a non-ionised mattress cover, 14 subjects reported a reduction in energy levels and 6 said their back and neck pain had returned.  The study concluded that the use of an ionised mattress cover showed improvements in energy levels and chronic discomfort and that furthermore, because tests reported that some subjects showed improvement in heart-beat irregularity and in fighting infectious diseases, the product could be said to have health benefits.

In addition, Park submitted brochures and links to the manufacturers website where similar efficacy claims appeared in relation to memory foam products, together with links to sites for ionised sportswear, which they said also made energy-boosting claims.

Assessment

1. & 2.  Upheld

The ASA noted the summary of the study conducted and its findings, but we did not receive a copy the study in full.  We were therefore unable to discern whether the study methodology and findings were sufficiently robust to substantiate any efficacy claims.  We considered, however, that the claims "will boost recovery from neck, back and joint pain" and "I conquered my pain" were likely to give the impression to readers that the product could provide permanent relief from pain and have a psychological benefit beyond the normal benefits of good, restful sleep.  We also considered that claims that a product could confer health benefits required a high level of substantiation.  Because we had not seen robust evidence to demonstrate that an ionised mattress, or the Shenergy Mattress in particular, could improve concentration, boost energy levels, relieve pain or boost circulation, we concluded that those claims were likely to mislead.

We noted that the brochure Park sent outlined, in theory, how a fabric could regulate body temperature by storing warmth and releasing it when the body temperature cooled.  However, we considered that because we had seen no robust evidence to demonstrate the Shenergy mattress could respond to, or regulate body temperature, we concluded that that claim was also likely to mislead.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products).

Action

The ad must not appear again in its current form.  We told Park to remove claims that the mattress could increase energy and concentration levels, confer health benefits, regulate body temperature or relieve pain.

Adjudication of the ASA Council (Non-broadcast)