ASA Adjudication on NeoCell Corporation (UK) Ltd

Ad

A magazine ad, for a supplement from NeoCell Corporation (UK) Ltd (NeoCell) named "SUPER Collagen + Vitamin C", was headlined "THE WORLD'S BEST SELLING NATURAL BEAUTY SUPPLEMENT". Text stated "SUPER Collagen + Vitamin C is the original and best Collagen supplement you can buy - tried and tested since 1986 by NeoCell, the experts in natural supplements, anti ageing and skin care products. After the age of 25 your body's natural Collagen supply reduces. Using the highest quality, 100% natural Collagen, NeoCell SUPER Collagen + Vitamin C helps replenish and stimulate new Collagen. Taken daily, SUPER Collagen + Vitamin C can lead to ... The reduction of fine lines and wrinkles Thick, glossy and beautiful hair Nourished, repaired and protected nails Youthful skin, stronger bones and controlled weight ...".

Issue

Vitabiotics Ltd objected that:

1. the ad misleadingly implied the specific NeoCell product "SUPER Collagen + Vitamin C" was the world's best selling natural beauty supplement.

Vitabiotics Ltd also challenged whether NeoCell could substantiate the claims that, taken daily, "SUPER Collagen + Vitamin C" led to:

2. "the reduction of fine lines and wrinkles"; and

3. "repaired nails".

CAP Code (Edition 11)

Response

1. NeoCell said the claim that SUPER Collagen + Vitamin C was "THE WORLD'S BEST SELLING NATURAL BEAUTY SUPPLEMENT" referred exclusively to collagen supplements. They conceded that the word "beauty" could be ambiguous and suggested changing the claim to "the world's best selling collagen supplement", which they believed they could substantiate. They submitted data on sales of the SUPER Collagen + Vitamin C product line, its distribution and its expected growth in 2010.

2. & 3. NeoCell submitted the results of clinical trials as evidence to support the claims.

Assessment

1. Upheld

The ASA considered the ad implied the specific NeoCell product "SUPER Collagen + Vitamin C" was the world's best selling natural beauty supplement. We considered that readers might not realise that the "world's best selling" claim referred to collagen supplements only, as opposed to beauty supplements generally. Although we welcomed NeoCell's decision to amend the claim to make that clear, we considered they had not demonstrated that "SUPER Collagen + Vitamin C" was the world's best selling collagen supplement, because the sales data they had submitted related exclusively to their own product. In order to substantiate the claim, we considered they ought to have provided comparative data which proved that the sales of "SUPER Collagen + Vitamin C" exceeded those of all other collagen supplements on the global market. Because they had not done so, we concluded that the claim "THE WORLD'S BEST SELLING NATURAL BEAUTY SUPPLEMENT", and the proposed revised claim "the world's best selling collagen supplement", had not been substantiated and were misleading.

On this point, the ad breached CAP Code (Edition 11) clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

2. & 3. Upheld

We noted the first piece of evidence was a summary of two clinical trials, one conducted in Japan and one in France, which studied the effect of taking Peptan Hydrolyzed Collagen on skin hydration, suppleness, furrows and wrinkles. Because NeoCell had sent a summary of the trials, not the trials themselves, we did not have the full methodology, details of how measurements were taken or results. In addition, it was not clear whether the ingredients the evidence related to were the same as, or substantially equivalent to, the ingredients of the advertised product, or whether the concentration of collagen in the trials was the same as that in the advertised product. We also understood that SUPER Collagen + Vitamin C was sold in tablet form, whereas the trial subjects had ingested 10g of Peptan once daily, either in liquid form, or in powder form mixed with liquid. It was therefore not clear to what extent the substance tested in the trials related to the specific product advertised.

We considered the second piece of evidence, a trial entitled "Effects of Ingestion of Collagen Peptide on Collagen Fibrils and Glycosaminoglycans in the Dermis", and a third trial, did not constitute sufficiently robust evidence for the ad's claims, because they related to the oral administration of collagen peptide to pigs and the effect of hydrolyzed collagen on bone metabolism in mice respectively. We considered that, because the advertised product was for humans, readers would expect the ad's claims to relate specifically to people and therefore animal studies were not adequate.

A fourth trial concerned the role of collagen hydrolysate in bone and joint disease. It did not seem relevant to claims about fine lines, wrinkles and repaired nails. It was also unclear whether the 10 g of collagen hydrolysate used in the trial was the same as, or substantially equivalent to, the ingredients of the advertised product.

We also noted none of the evidence related to SUPER Collagen + Vitamin C leading to "repaired nails". Although the collagen peptide trial referred to a separate study on collagen peptide improving brittle nails, the study itself was not provided.

We concluded that the evidence submitted was not sufficient to support the claims that SUPER Collagen + Vitamin C led to "the reduction of fine lines and wrinkles" and "repaired nails", and that those claims were misleading.

On points 2 and 3, the ad breached CAP Code (Edition 11) clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health & beauty products and therapies - General).

Action

The ad must not appear again in its current form. We told NeoCell to remove the claim "THE WORLD'S BEST SELLING NATURAL BEAUTY SUPPLEMENT" from their advertising and also to remove the claim that, taken daily, "SUPER Collagen + Vitamin C" led to "the reduction of fine lines and wrinkles" and "repaired nails".

Adjudication of the ASA Council (Non-broadcast)