ASA Non-broadcast Adjudication: HealthMail Ltd

Complaint

Objection to a national press advertisement, for a device to make wine taste older, that claimed "With 'Clef du Vin', 5 seconds are enough ... and you'll find yourself drinking a wine that tastes as if it were 5 years older! With 'Clef du Vin', 1 second = 1 year, 5 seconds = 5 years, 10 seconds = 10 years ... and this works with every type of wine: red, rose, white, dry, sweet or sparkling ... Instantly 'Clef du Vin' heightens the taste and the aromas, removes excess tannins, gives the wine more body, more fluidity and a fuller texture in your mouth. Flavours explode, acidity disappears and the perfumes multiply ... With 'Clef du Vin' you can buy a younger wine (for £3.00 or £5.00 for example) and it tastes as if it were 10 years older ... Scientifically proven! When you dip 'Clef du Vin' into a glass of wine, quite naturally and in just a few seconds it provokes certain major phenomena that occur in the wine maturing process at a rate of one year a second. This has been tested, measured and scientifically proven. 'Clef du Vin' does not add anything to the wine. It does not alter the composition in any way. The National Test Laboratory is formal on this subject. 'Clef du Vin' has an alloy disc at one end. Its composition is a closely guarded secret and is protected by four patents." The advertisement also stated "A new process 100% natural and totally revolutionary!". The advertisement featured a box containing text "... DO THE TRIAL, it's free, without commitment and you have a total and Absolute Guarantee: '100% satisfied or your money back' Fill in the coupon for a free 30-day trial enclosed and send it back as of today". The advertisement also featured three testimonials.

1. The complainant, who noted that the advertisement claimed that the Clef du Vin did not alter the wine composition in any way, challenged whether the 'Clef du Vin' could remove excess tannins as claimed.

The Authority challenged:

2. the claim ""A new process 100% natural and totally revolutionary!";

3. the veracity of the testimonials;

4. the claim "Scientifically proven! When you dip 'Clef du Vin' into a glass of wine, quite naturally and in just a few seconds it provokes certain major phenomena that occur in the wine maturing process at a rate of one year a second";

5. the claim "Instantly 'Clef du Vin' hightens the taste and the aromas, ... gives the wine more body, more fluidity and a fuller texture in your mouth. Flavours explode, acidity disappears and the perfumes multiply" and

6. the use of "free trial" to describe the "100% satisfied or your money back guarantee".

CAP Code (Edition 11)

Adjudication

1. Complaint upheld

The advertisers sent a copy of a laboratory test which showed that the longer the "Clef du Vin" was dipped in wine, the more the wine became more sensitive to oxygen through oxidising reactions.

The Authority considered that the advertisers had not substantiated whether the Clef du Vin could remove excess tannins as claimed. It told them to remove the claim unless they held substantiation to support it.

2., 4. and 5. Upheld

The advertisers sent a copy of a laboratory test which showed that the longer the 'Clef du Vin' was dipped in wine, the more the wine became more sensitive to oxygen through oxidising reactions.

The Authority noted that the advertisers had proved that the product made wine more sensitive to oxidation. The Authority understood that the role of oxidation in the wine maturing process was a contentious issue and that the advertisers had not shown that oxidation was a major phenomenon in the wine maturing process. It considered that they had not proven that the 'Clef du Vin' mimicked the effect of one year's ageing in one second and that the advertisers had not substantiated the claim "Scientifically proven! When you dip 'Clef du Vin' into a glass of wine, quite naturally and in just a few seconds it provokes certain major phenomena that occur in the wine maturing process at a rate of one year a second". The Authority also considered that the advertisers had not substantiated the claims "A new process 100% natural and totally revolutionary!" and "Instantly 'Clef du Vin' heightens the taste and the aromas ... gives the wine more body, more fluidity and a fuller texture in your mouth. Flavours explode, acidity disappears and the perfumes multiply". It told them to remove those claims unless they held substantiation to support them.

3. Upheld

The advertisers sent copies of the testimonials used on their website and a copy of an e-mailed testimonial.

The Authority considered that, because the advertisers had not provided signed and dated proof for the testimonials used, they had not proved their veracity. It told the advertisers to remove the references to the testimonials unless they held signed and dated proof of their veracity.

6. Upheld

The advertisers did not comment on that point.

The Authority considered that the use of "free trial" to describe the "100% satisfied or your money back guarantee" was misleading. It told the advertisers not to use the term "free trial" to describe "satisfaction or your money back offers" in future.