ASA Adjudication on Healthspan Ltd

Ad

A mail order catalogue, for Healthspan nutritional supplements, advertised a range of products, including "Optiflex Glucosamine®", "Joint Synergex®", "Heart Synergex®" and "Brain Synergex®". Ads for each product contained a product description, such as "Heart Synergex®Optimum nutrient combination for your heart Formulated by our expert nutritionists, Heart Synergex contains 4 daily capsules/tablets, providing essential nutrients which work in complementary ways. Each pack includes a plant sterols and garlic combinations, a high dose omega 3 fish oil, co-enzyme Q10 and an intensive cardio-vitamin complex", and information on nutrition and daily recommended intake".

Issue

The complainant objected that:

1. the name "Optiflex Glucosamine®" misleadingly implied product efficacy that could not be substantiated;

2. the names "Joint Synergex®", "Heart Synergex®" and "Brain Synergex®" misleadingly implied product efficacy that could not be substantiated;

3. the ads for Heart Synergex®" and "Brain Synergex®" might discourage essential treatment for conditions where medical supervision should be sought;

CAP Code (Edition 12)

Response

1. & 2. Healthspan Ltd (Healthspan) said "Optiflex Glucosamine®", "Joint Synergex®", "Heart Synergex®" and "Brain Synergex®" were clearly identifiable as trademarked brand names and had logos that customers were accustomed to. They said that in isolation Optiflex and Synergex were not words in the English language and were used only in relation to Healthspan products. Healthspan said they had obtained advice from the Medicines and Healthcare products Regulatory Agency (MHRA) and Copy Advice before publication, and implemented all the changes advised by Copy Advice, but the brand names in the catalogue were never highlighted as a concern.

3. Healthspan said all of their products were food supplements and were not promoted to discourage essential medical treatment. They said the MHRA had not raised any concerns when their approval was sought. They had endeavoured to be clear that they were supplements by stating in the letter accompanying the catalogue "Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our catalogue intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking a supplement. If you experience an adverse reaction, stop taking the supplement and seek medical advice". They said they would be making the statement as visible as possible by ensuring the statement was clearly positioned within future catalogues.

Assessment

1. Not upheld

The ASA noted that upon Copy Advices recommendation, Healthspan had ensured that Optiflex advertising was accompanied by a prominent disclaimer stating "Not clinically proven to optimise flexibility". Because of that, we considered that consumers would not be misled by the product name, and concluded that the ad was not misleading on that point.

We investigated the ad under CAP Code (Edition 12) rules 3.1 (Misleading advertising), 15.1 and 15.7 (Food, food supplements and associated health or nutrition claims) but did not find the ad in breach.

2. Not upheld

We acknowledged that Copy Advice had not considered the term "Synergex" to imply efficacy, when their advice was sought before publication. We also noted that "Synergex" was not a word in the English language, and not defined in the context of the ad. We therefore did not consider that the word Synergex implied efficacy, and concluded the ad was not misleading on that point.

We investigated the ads under CAP Code (Edition 12) rules 3.1 (Misleading advertising), 15.1 and 15.7 (Food, food supplements and associated health or nutrition claims) but did not find them in breach.

3. Not upheld

We noted that the ads were in a nutritional supplements catalogue, and that Healthspan had included an accompanying statement with the catalogue which stated that their products were not intended as treatments, and encouraged medical advice where necessary. For those reasons, we did not consider that readers would be discouraged from seeking essential medical treatment, and concluded the ads were not misleading on this point.

We investigated the ads under CAP Code (Edition 12) rules 3.1 (Misleading advertising), 15.1 and 15.7 (Food, food supplements and associated health or nutrition claims) but did not find them in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)