ASA Adjudication on Willowbrook Ltd

Ad

A brochure for recliner chairs stated "Willowbrook is one of the few companies that have manufactured a large range of lift and recliner chairs specifically designed for the invalid or physically disabled user in a patient care or patient handling environment. Our research team and designers have developed a stylish range of recliner chairs which combine therapy and practicality with comfort and beauty. Willowbrook's elegant and comfortable recliner chairs are recommended by the medical profession and are proven to be indispensable to sufferers of numerous medical conditions". Headline text stated "Approved by a Harley Street surgeon" and further text underneath stated "Willowbrook products are endorsed by a respected orthopaedic surgeon and are designed following in-depth research and ergonomic study to combine therapy with comfort and beauty. A Willowbrook recliner chair should be experienced by sufferers of: Stress and tension; Arthritic pain; Aches and pains; Back pain; Mobility problems & many other conditions". The brochure featured several testimonials, including "Arthritis: '... all 3 kinds of arthritis are less painful ...' ... 'My husband is so thrilled with his new recliner, having suffered with arthritis for many years he now has a better quality of life' ... Back pain: 'The chair has been a boon to me, it's so comfortable and my back pain has improved' ... Mobility difficulties: 'Since I have had the chair I feel a great less pain in my knees and can now get up without strain. With the massage my back is also much improved'". Further text stated "Medically endorsed massage therapy at the touch of a button ... The benefits of this therapy feature are vast and are endorsed by the orthopaedic and chiropractic professions".

Issue

The complainant challenged whether:

1. the claims "[Willowbrook] recliner chairs are recommended by the medical profession", "Approved by a Harley Street surgeon. Willowbrook products are endorsed by a respected orthopaedic surgeon", "Medically endorsed massage therapy" and "The benefits of this therapy feature are vast and are endorsed by the orthopaedic and chiropractic professions" were misleading and could be substantiated;

2. the brochure misleadingly implied that the advertiser's products could treat some of the conditions listed, including arthritis, mobility problems and back pain.

CAP Code (Edition 11)

Response

1. Willowbrook Ltd (Willowbrook) said the brochure made no direct claim that the recliner chairs were endorsed by Harley Street: the endorsement claim related only to their adjustable beds. They sent a letter from a Harley Street consultant orthopaedic surgeon, who endorsed their beds.

2. Willowbrook said the brochure did not state that their products could treat medical conditions, but that their recliner chairs "should be experienced" by sufferers of particular conditions. Willowbrook explained that their recliner chairs were designed to take the strain from the arms and knees when getting in or out of a chair, from which people with arthritis would naturally benefit. Willowbrook said they received hundreds of testimonial letters from satisfied customers, whose aches and pains had been relieved by their products.

Assessment

1. Upheld

The ASA noted that the brochure was for Willowbrook's recliner chairs only and did not feature any of their other products. We considered, in that context, that the claims "Approved by a Harley Street surgeon. Willowbrook products are endorsed by a respected orthopaedic surgeon", "medically endorsed massage therapy" and "the benefits of this therapy feature are ... endorsed by the orthopaedic and chiropractic professions" would be understood by consumers to mean that the riser recliner chairs were endorsed by a Harley Street surgeon and other medical practitioners. We considered that that impression was reinforced by the claim "Willowbrook's ... recliner chairs are recommended by the medical profession". We considered that the letter from the Harley Street orthopaedic surgeon endorsing Willowbrook's adjustable bed was not suitable to support claims that would be understood as referring to recliner chairs in particular. Because we had not seen evidence that showed that the recliner chairs were approved by a Harley Street surgeon or other medical practitioner, we concluded that the brochure was misleading.

On this point the brochure breached CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness) and 14.2 (Testimonials and endorsements).

2. Upheld

We noted the brochure referred to arthritis and back pain, among others, which we considered were serious conditions. We considered that some of the customer testimonials in the brochure, in particular the claims "all 3 kinds of arthritis are less painful ...", "having suffered with arthritis for many years he now has a better quality of life" and "my back pain has improved", alongside the reference to "therapy", created the impression that the recliner chairs provided relief from, or treatment for, the named serious conditions. We considered that the testimonials alone were not sufficient to substantiate the implied claim that the recliner chairs could help relieve or treat those serious conditions, and we also considered that the reference to "therapy" should have been qualified to make it clear that the recliner chairs might provide temporary positional relief only. Because it did not, and because we had not seen any evidence that the recliner chairs could relieve or treat the names serious conditions, we concluded that the brochure was misleading.

On this point the brochure breached CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness), 14.3 (Testimonials and endorsements) and 50.1, 50.3 and 50.7 (Health and beauty products and therapies).

Action

The brochure must not appear again in its current form. We told Willowbrook not to state that their recliner chairs, or products in general, were endorsed by a Harley Street surgeon or other medical practitioners. We also told Willowbrook not to make unqualified claims that their recliner chairs offered therapy to consumers, or to imply that their products could treat the serious conditions listed.

Adjudication of the ASA Council (Non-broadcast)