ASA Adjudication on Healthspan Ltd

Ad

Two brochures, for food supplements; a number of claims were made in each and included: a. “Bilberry … may help to improve blood flow and the delivery of oxygen to the eyes … Devil’s Claw is often used to support healthy joints … Soy Isoflavones … contains 10mg black cohosh which may help manage hot flushes … Ginseng is an ancient remedy believed to have restorative properties that help to boost energy and vitality … Happy Mood St John’s Wort … Happy Days … Milk Thistle … is widely used to help maintain a healthy liver … Echinacea is a popular choice for those wishing to maintain a healthy immune system … ”. b. “Ginkgo Biloba … The leaves of the Ginkgo biloba tree contain powerful antioxidants which are thought to help boost circulation to the brain and extremities … Happy Days (5-HTP) 5-HTP occurs naturally in the body and is a precursor to the brain’s chemical messenger, serotonin … Valerian … to help encourage natural sleep … Optiflex glucosamine 1,000mg is ideal for those with joint pain and stiffness who seek to take a higher amount of glucosamine … Optiflex Glucosamine Plus is a comprehensive formulation of 400mg of pure pharmaceutical-grade Optiflex glucosamine HCl … designed to help maintain healthy joints … Joint Physio Drink … to help maintain healthy, mobile joints … ChondroMax … recommended by doctors and nutritionists for maximum joint benefits … Three tablets per day provide 1,500mg of the very purest … Optiflex glucosamine HCl and 1,200mg of … chondroitin. These are the proven tested levels used in scientific trials … Devil’s Claw is often used to help support healthy joints … Lipo-Carn is a powerful anti-ageing combination of Alpha Lipoic Acid and Acetyl-L-Carnitine that work together to help fight the free radicals associated with the process of ageing … to help reduce the measures of ageing … recent research has further confirmed that Lycopene may be especially important for your heart health … Red vine leaf is used to help strengthen the blood vessels in the legs … Milk thistle … is widely used to help maintain a healthy liver … Soy Isoflavones … contains 10mg black cohosh which may help manage hot flushes … Healthspan Slimline … containing PinnoThin is a unique extract that is believed to help control the desire to eat … ”.

Issue

Holland and Barrett Retail Ltd challenged whether:

1. efficacy claims related to bilberry, devils claw, black cohosh, ginseng, echinacea, ginkgo biloba and milk thistle in ads (a) and (b) were misleading and could be substantiated; and  

2. the claim "Happy Mood", which appeared above the products St Johns Wort and Happy Days in ad (a), and the product name "Happy Days" in ads (a) and (b) implied those products could have an effect on mood.  

The ASA challenged whether the claims in ad (b):

3. that Valerian could "help natural sleep" misleadingly implied efficacy for a product that required registration under the Medicines and Healthcare products Regulatory Agency (MHRA) Traditional Herbal Medicines Registration Scheme;

4. related to Optiflex glucosamine and Chondromax products, including "pharmaceutical-grade",  misleadingly implied efficacy and could be substantiated;

5. related to the anti-ageing properties of Lipo-Carn were misleading and could be substantiated;

6. that Lycopene "may be especially important for your heart health" were misleading and could be substantiated;

7. that red vine leaf could "help strengthen the blood vessels in the legs" were misleading and could be substantiated; and

8. that Healthspan Slimline could "help to control the desire to eat" were misleading and could be substantiated.

CAP Code (Edition 11)

Response

Healthspan said the majority of claims identified had already been removed from their advertising. They were also prepared to remove the remaining claims rather than submit evidence to support them.

Assessment

1., 5., 6., & 7. Upheld

The ASA welcomed Healthspans assurance that they would amend their advertising claims.  We noted however we had not seen any evidence to support the claims in ads (a) and (b), including those related to the anti-ageing properties of Lipo-Carn.  We concluded that the claims had not been substantiated and were therefore misleading.

On these points, ads (a) and (b) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.7 (Health and beauty products and therapies - general) and 50.20 (Health and beauty products and therapies - vitamins, minerals and other food supplements).

2. Upheld

We considered the claim in ad (a), which stated "Happy Mood" above the products St Johns Wort and Happy Days, and the product name "Happy Days" in ads (a) and (b) implied both St Johns Wort and Happy Days could enhance mood.  We reminded Healthspan that claims in marketing communications, including those implied in product names, must not imply that vitamin or mineral supplements could be used to enhance mood, unless the claims were authorised by the European Commission. We understood the claims had not been authorised by the European Commission.  We concluded that the claim "Happy Mood" and the product name "Happy Days" breached the Code.  

On this point, ads (a) and (b) breached CAP Code clause 50.21 (Health and beauty products and therapies - vitamins, minerals and other food supplements).

3. Upheld

We considered the claim Valerian could "help natural sleep" was likely to be seen as suggesting that the product could treat insomnia.  We reminded Healthspan that medicinal or therapeutic claims for homeopathic medicinal products should not be made unless marketers held an appropriate marketing authorisation from the MHRA. We understood the product had not been authorised by the MHRA.  We concluded that the claim breached the Code.

On this point, ads and (a) and (b) breached CAP Code clause 50.19 (Health and beauty products and therapies - medicines).

4. Upheld

We considered the text "pharmaceutical-grade" in relation to the claims about Optiflex glucosamine and Chondromax was likely to be interpreted as suggesting that they were as effective as pharmaceutical products might be in treating joint health problems.  We noted we had not seen any evidence to support the claims related to Optiflex glucosamine and Chondromax, including that they were "pharmaceutical-grade" products.  We concluded that the claims had not been substantiated and were therefore misleading.

On this point, ad (b) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies - general) and 50.20 (Health and beauty products and therapies - vitamins, minerals and other food supplements).

8. Upheld

We considered the claim that Healthspan Slimline could "help to control the desire to eat" was likely to be interpreted as a suggestion that the product could be used as a weight reduction method.  We noted we had not seen evidence for the effectiveness of Healthspan Slimline as a method for weight reduction achieved by loss of body fat.  We concluded that the claim had not been substantiated and was therefore misleading.    

On this point, ad (b) breached CAP Code clauses 51.1, 51.4 and 51.6 (Weight control).

Action

The ads must not appear again in their current form.  We told Healthspan not to make claims in future if they could not substantiate them and not to imply that vitamin or mineral supplements could enhance mood unless the claim was authorised by the European Commission.  We also told Healthspan not to make medicinal or therapeutic claims, or claims referring to ailments, for homeopathic medicinal products if they did not hold a marketing authorisation from the MHRA for the product.

Adjudication of the ASA Council (Non-broadcast)