ASA Adjudication on Health Solutions Ltd

Ad

A catalogue promoting Collagena Medica stated “Collagen and your brain: reduce stress, improve your memory, think faster, sleep better … Collagen and your liver: regulate cholesterol, regulate diabetes, ease pain, improve digestion … Collagen and your heart: reduce hypertension, stabilise your heart rate, alleviate fatigue … Collagen and your bones: stop osteoporosis, stop arthritis, regenerate your cartilage … Collagen and your insides: rejuvenate your sexual organs, regain your sexual vigour, soothe and rejuvenate your prostate.” The catalogue went on to state “From the age of 30, the body no longer produces collagen. More seriously, by the age of 50 our collagen levels have dropped by half. Without collagen, our health is just hanging by a thread … Now it’s possible to regenerate your stock of fresh collagen and help fight the ageing process.”

Issue

1.  The Health Food Manufacturers Association (HFMA) challenged whether the efficacy of collagen for the advertised claims could be substantiated.

The ASA challenged whether the ad:

2. made medicinal claims for an unauthorised product; and

3. was irresponsible, because it might discourage recipients from seeking suitably qualified medical advice for serious medical conditions.

CAP Code (Edition 11)

Response

Health Solutions Ltd did not respond to our enquiries.

Assessment

The ASA was concerned by Health Solutions' lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded Health Solutions of their responsibility to respond promptly to our enquiries.

1.  Upheld

Because Health Solutions failed to supply us with robust evidence to support the advertised claims, we considered the claims had not been substantiated and concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.7 (Health and beauty products and therapies)

2. Upheld

We were concerned that the ad made medicinal claims for Collagena Medica, which we understood did not have a marketing authorisation. In the absence of other evidence, we concluded that the ad breached CAP Code clause 50.11 and 50.21.

On this point, the ad breached CAP Code clause 50.11 (Medicines) and 50.21 (Vitamins, minerals and other food supplements).

3. Upheld

We noted the ad claimed the product could stop or reduce the effects of "diabetes ... hypertension ... osteoporosis [and] arthritis" which were serious medical conditions. We were concerned that the ad could discourage readers from seeking suitable medical advice for these conditions and concluded the ad was therefore irresponsible.

On this point, the ad breached CAP Code clauses 2.2 (Social responsibility) and 50.3 (Health and beauty products and therapies).

Action

The catalogue must not appear again in its current form.  We told Health Solutions not to repeat claims for the efficacy of Collagena Medica unless they could be substantiated by robust evidence.  We also told them to ensure that future marketing communications did not make medicinal claims or discourage readers from seeking medical treatment.

Adjudication of the ASA Council (Non-broadcast)