ASA Adjudication on Multibrands International Ltd

Ad

A press ad for a toothpaste stated "FLUORIDINE FRESH ACTIVE contains a special anti-plaque formula with micro cleaning crystals to gently reveal the natural whiteness of your teeth and reduce tartar build up. The enriched fluoride strengthens enamel and helps prevent cavities and decay".

Issue

The complainant challenged:

1. whether the claim that the product could reduce tartar build up could be substantiated;

2. whether the advertisers held a marketing authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA) for the claim "helps prevent cavities and decay", which they believed was a medicinal claim and therefore required one.

CAP Code (Edition 11)

Response

1. Multibrands International Ltd (Multibrands) said their toothpaste contained three ingredients common to many brands of toothpaste, Sodium Monoflurophosphate, Tetrasodium Pyrophosphate and Silicon Dioxide. They said their development department had included them in Fluoridine Fresh Active because of their commonly known properties and had not carried out any specific research on them. They said Sodium Monoflurophosphate helped reduce the bacteria which led to tartar build up; Tetrasodium Pyrophosphate was known to help tartar control; and Silicon Dioxide when combined with calcium carbonate helped reduce plaque build up. They sent links to entries on those ingredients in the online dictionary Wikipedia.

2. Multibrands said the claim "helps prevent cavities and decay" was not necessarily medicinal and was a common term used by the dental industry to describe toothpastes that contained ingredients widely known to perform such actions. They said they were members of the British Dental Trade Association and had contacted them during and after the development of Fluoridine. They said they had used common toothpaste ingredients that had common results.

Assessment

1. Upheld

The ASA noted the web links provided by the advertiser but was concerned that Multibrands had not sent robust evidence in the form of clinical trials to show that the product could reduce tartar build up. We concluded that the claim was likely to mislead.

On this point the ad breached CAP Code clauses 3.1 (Substantiation).

2. Upheld

We considered that the claim "helps prevent cavities and decay" was an implied medicinal claim. Because we had not seen evidence that the advertiser held a marketing authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA), we concluded the ad breached the Code on those grounds.

On this point the ad breached CAP Code clauses 50.11 (Medicines).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)