ASA Adjudication on Stirling Health Ltd

Ad

A direct mailing for tablets to enhance sexual performance stated “why have many people [including a growing number of Doctors] started to call Nytric EFX “the only safe, natural, and totally effective alternative to Viagra”? …just two of these amazing aphrodisiac pills a day, will give much better and longer lasting erections and lovemaking, with more orgasms and a lot more enjoyment; and the incredibly fast recovery times mean that you can have sex as often as you want … as well as giving you the sex life of your dreams, because Nitric Oxide is also a key factor in maintaining healthy blood pressure, improving blood flow, boosting immune function, helping muscular activity, balance and co-ordination; Nytric EFX will also bring dramatic improvements to your general health and well being.” The ad went on to state “We’re so confident that Nytric EFX will work outstandingly for you, and give you the sex life of your dreams, that we’re happy to offer you a 100% no-quibble money-back guarantee. If for any reason you are not completely happy with the product, simply return it to our office, within 60 days of purchase, and we will immediately refund your money.”

Issue

The complainant challenged whether:

1. the efficacy of Nytric EFX for the advertised claims could be substantiated; and

2. the claim "were happy to offer you a 100% no-quibble money-back guarantee" was misleading, because he was not given a refund.

The ASA challenged whether:

3. the ad made medicinal claims for an unauthorised product; and

4. the ad breached the Code by claiming Nytric was safe and effective because it was natural.

CAP Code (Edition 11)

Response

Stirling Health did not respond to our enquiries.

Assessment

1. - 4. Upheld

The ASA was concerned by Stirling Health's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

Because Stirling Health did not provide any evidence to substantiate the claims for Nytric EFX or prove that they offered a "100% no-quibble money-back guarantee", we considered those claims were likely to mislead.  We further considered that the mailing made medicinal claims to promote an unlicensed product and implied that, because Nytric EFX was made from natural ingredients, it was therefore safe and efficacious, in breach of the Code.  We concluded that  the ad was unacceptable.

The ad breached CAP Code clauses 2.6 (Non-response), 3.1 (Substantiation), 7.1 (Truthfulness), 17.1, 17.3 (Guarantees), 50.1, 50.5 and 50.11 (Health and beauty products and therapies.)

Action

The ad must not appear again in its current form.  We asked CAP to inform its media members of the problem with Stirling Health.

Adjudication of the ASA Council (Non-broadcast)