ASA Adjudication on Natures Best Health Products Ltd

Ad

A catalogue for various health supplements included an ad for Eyewise supplement. Headline text stated "Protect your eyes with EYEWISE with high strength lutein". Text underneath stated "The research on lutein and its importance to the health of our eyes just keeps on piling up! ... Extensive research has shown that eating diets that are low in lutein can result in diminished levels of lutein in the macular, and it is believed that this is a contributory factor in age-related changes in the eye ... Eyewise provides 10mg of pure lutein per tablet, a level that is certainly enough to support any diet and enough to replenish the body's stores if they are below optimal ... Eyewise also contains extracts of bilberry, blackberry and grape seed which are all sources of another plant pigment called anthocyanadins. These are potent antioxidants that have been shown to have a strengthening effect on capillary walls. A network of capillaries nourishes the eye and this may explain why bilberries have been traditionally recommended for helping to maintain healthy eyes".

Issue

One complainant challenged whether:

1. the claim "Protect your eyes with Eyewise, with high strength lutein" could be substantiated;

2. the ad, and in particular the claim "Extensive research has shown that eating diets that are low in lutein can result in diminished levels of lutein in the macular, and it is believed that this is a contributory factor in age-related changes in the eye", implied that the product could have an effect on age-related macular degeneration (AMD).

3. The ASA challenged whether the implied claim that the extracts of bilberry, blackberry and grape seed in Eyewise contained potent antioxidants that had a strengthening effect on capillary walls and could maintain healthy eyes could be substantiated.

CAP Code (Edition 11)

Response

1. & 2. Nature's Best Health Products Ltd (Nature's Best) said there was substantial scientific data that supported the claims made in their catalogue and that demonstrated that it was an accepted scientific fact that lutein obtained from the diet was used by the body as a macular pigment.  They explained that lutein protected the macular lutea from damage caused by light striking the delicate photoreceptor cells of the retina and that, because the body could not make lutein, the lutein that was deposited in the macular was derived from food or supplements only.  Nature's Best said Eyewise provided 10 mg of lutein per tablet and explained that a similar intake could only be achieved by eating a high daily consumption of a leafy green vegetable, such as broccoli or kale.

Nature's Best pointed out that the ad did not mention AMD because that was a medical condition that resulted from a number of factors, only one of which was low dietary lutein intake.  They acknowledged that the use of the phrase "age-related" in the ad could lead consumers to believe they were referring to AMD, and they said they would remove the phrase "age-related" from future marketing material in order to avoid any confusion.  Nature's Best submitted scientific evidence in support of the claim.  They said although many of the papers referred to AMD, that did not change the fact that lutein played a protective role in the eye whether AMD was present or not.

3. Nature's Best said bilberry, blackberry and grape seed contained components called anthocyanins.  They provided evidence that they said showed that anthocyanins played a role in strengthening capillary walls and helped maintain healthy eyes.

Assessment

1. Upheld

The ASA considered that the claim "Protect your eyes with EYEWISE, with high strength lutein" was an absolute claim that would be understood by consumers to mean that the product and the specific amount of lutein it contained would protect eye health and prevent changes to the health of the eye.  We also considered that, in order to substantiate the claim, we would need to see robust trials conducted on humans that showed that 10 mg supplementation with lutein, the level found in Eyewise, protected eye health in normal, healthy adults.

We noted that none of the studies assessed the efficacy of lutein when taken in supplement form, and we considered that it was not safe to assume that a supplement containing lutein would be absorbed and utilised by the body in the same way as naturally occurring dietary lutein.  We considered that we had not seen evidence that demonstrated that the lutein formula contained in Eyewise was bio-available and would protect eye health, and because of that we concluded that the claim was misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 and 50.20 (Health and beauty products and therapies).

2. Upheld

We noted that Nature's Best had not intended to claim that the product could protect against AMD.  However, we considered that consumers might interpret the reference to "age-related changes in the eye" to mean that the product could protect against AMD.  Because we had not seen any evidence that that was the case, we concluded that the claim was misleading and welcomed the assurance from Nature's Best that it had been amended.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 and 50.20 (Health and beauty products and therapies).

3. Upheld

We noted that three of the studies provided by Nature's Best in support of the claim were in-vitro trials carried out on frogs, rats and hamsters, and that some of the studies looked at the antioxidant properties of bilberries and other fruits, although they did not assess the effect of consumption of those fruit extracts on eye health or the strength of capillary walls.  We considered that those studies were not sufficient to support a claim that related to human eye health in particular.  We noted that two studies assessed the effect of supplementation with either bilberry extract or unspecified anthocyanosides on the night vision of young people, and we also noted that both studies concluded that there was no evidence that the supplements were an effective treatment for improved night vision.  We considered that we had not seen evidence that demonstrated that the extracts of bilberry, blackberry and grape seed contained in Eyewise played a role in strengthening capillary walls and maintaining eye health, and we therefore concluded that the ad was misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 and 50.20 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)