ASA Adjudication on ChoicesUK TV Ltd

Ad

BCAP monitored an infomercial for an Avasa infrared sauna on ChoicesUK TV; it claimed “I’ve heard it’s based on NASA technology? Yeah, we don’t know, NASA don’t necessarily publicise that kind information … but it’s certainly very cutting edge. … There’s a whole host of health benefits … Everybody knows and they can do their own research about what is really good about a traditional sauna. Those properties are also available when using an infrared sauna. There’s also other added benefits from infrared because the light waves actually penetrate the surface layer of the skin. It’s causing molecules to actually vibrate and it helps release the sort of toxins, heavy metals, that the body stores, that are in our everyday environment. So you get rid of the toxins, you get rid of any chemicals in the body, you detox, mercury, lead” and “so it’s almost like you can anti-pollute yourself” and “Its anti-oxidizing mechanism. It can help you get rid of all that pollution in your body. It helps with all these things … The more regular you use it, the better it is for you and the more benefits you will get.”

“I guess if you’re losing moisture, you’re losing calories and possibly losing a bit of weight as well? … For the body to lose or evaporate water there’s a calorie burn there. So given an average person might loose up, you know, up to half a pint of fluid in here: depending how long they spend in here and at what temperature setting. But on that basis they would, therefore, lose, you know, a certain amount of calories. You would also lose weight and that is obviously above and beyond what you would lose from losing water … it’s going to make your diet and exercise even more effective.” And, over the end-offer graphic, the voice-over stated “go on treat yourself and burn off those unwanted calories [graphic ‘burn up to 600 calories’] with this unique portable sauna … the infrared can bring relief to joints and muscle pain; aids the body’s natural healing processes.”

“I’ve heard it allows the expansion of blood vessels as well and apparently that can help with pain relief as well; is that right? Yes it can. With regards to cuts and bruises it can speed up the healing of those; it can help with pain relief. GPs recommend it to people to get these things done … So sometimes it can help with some ailments for some people.”

“And by the way don’t please don’t pay this price [presenter points to graphic stating “usual price £599.95”]. Absolutely not, that is not the price for you. The price we have for you is [points to £149.95]. This is the price. This is the price that you will be paying. It’s much, much, much less than what you may expect to pay in some other places.”

Issue

BCAP challenged whether the Avasa infrared sauna would:

1.  help release chemicals, toxins, mercury, lead and heavy metals from the body and  work as an anti-pollutant and an anti-oxidant;  

2.  give more benefits the more regularly it was used;

3.  aid weight loss, burn calories and make diet and exercise even more effective;

4.  help with pain relief, speed-up the healing of cuts and bruises and help with some ailments for some people;   

5.  be recommended by GPs;

6.  be available at the usual price of £599.95.

Response

1. The broadcaster provided information from Dr Sara Myhills website that maintained that chemicals can also be excreted directly through the skin and by exhalation.  She explained that the infrared rays penetrated several centimetres through the skin and heated up subcutaneous tissues.  Chemicals from subcutaneous tissues would be mobilised and passed through sweat.   

2.  No evidence was presented to substantiate the claimed cumulative benefits.   

3.  The broadcaster submitted a letter to the Journal of the American Medical Association in 1981; it claimed that a moderately conditioned person could easily sweat off 500 grams in a sauna, and that that would consume nearly 300 calories.  They also submitted a page from Guytons Textbook of Medical Physiology; it stated when water evaporates from the body surface, 0.58 Calorie (kilocalorie) of heat is lost for each gram of water that evaporates.   

4.  The broadcaster argued that infrared light was widely used in hospitals for certain complaints as well as by sports physiotherapists.  They submitted an article by an American chiropractor on infrared phototherapy; it stated that infrared phototherapy was effective for the temporary relief of joint and muscle pain. No evidence was presented to demonstrate that the product could speed-up the healing of cuts and bruises or help with some ailments for some people.   

5.  The broadcaster submitted an endorsement for the use of infrared saunas by Dr Myhill, adding that many of their customers had mentioned that their GPs had recommended buying an infrared sauna.   

6.  The broadcaster acknowledged that, except for the manufacturer, no vendor was selling the Avasa infrared sauna. The broadcaster submitted their sauna price comparison research from three months earlier.  They accepted that the market had changed and the comparison was no longer valid. They believed that a price of £299.95 was more in line with present prices of similar saunas.   

Assessment

1. Upheld

The ASA consulted an expert, who explained that the liver and kidneys detoxed the body.  He added that no evidence showed that sweating was a mechanism for the removal of metals, or other, unspecified toxins.  He explained that sweat normally consisted of urea, lactic acid and salt and not metals.  In the absence of clinical studies to support the claim that chemicals, toxins and metals would be released from the body or that the sauna would work as an anti-pollutant and an anti-oxidant, the ASA considered that the claims were misleading.

2.  Upheld  

We considered that the claims were misleading.   

3.  Upheld  

The expert explained that calories were a measure of potential energy, as assessed by the ability to heat water.  In the infrared sauna, the energy was derived from the lamp and to stay at a constant temperature, the body would need to remove the extra heat by sweating.  Although a minuscule amount of energy burn might start the sweating, that was different from the energy coming from the lamp or the energy burn involved in exercising.  The body was merely sweating, not burning energy, and the sweating did not remove fat.  Any weight loss from the infrared sauna was temporary and caused by dehydration.  The weight loss would be replaced as soon as the person drank liquid.  We considered that the claims were misleading.   

4.  Upheld  

We accepted that heat could temporarily help to relieve joint and muscle pain but we considered that the claims had not been substantiated and were misleading.

5.  Upheld  

We concluded that the claim was in breach of 8.1.2 (c) and we told the broadcaster to remove it.  

6.  Upheld  

We considered that the reference to usual price £599.95 implied that the Avasa sauna was generally available at that price on the high street whereas it was available only on the Internet.  We noted the Avasa sauna was smaller, required five minutes to warm up and needed more storage space than the other saunas used in the comparison. We noted the DTI Code of Practice for Traders on Price Indications October 2005 stated that prices could be compared with another traders only if the other traders price was accurate and up-to-date, if the other traders name was given and if the price applied to the same product.  We considered that the advertised comparison was misleading, because the saunas were not the same or substantially similar, the differences were not explained and the trader was not named.  The broadcaster supplied no evidence to support the claim that the sauna had ever been sold for £599.95.  We considered that the price comparison was misleading.  We also considered that the proposed alternative, usual price £299.95, was misleading for the same reasons.

Action

We concluded that the ad breached rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.3.1 (Accurate pricing), 5.4.6 (Comparative advertising), 8.1.2 (c) (Impressions of professional advice and support) and 8.4.2 (a) (Requirement for medical advice) of the CAP (Broadcast) TV Advertising Standards Code, that it must not be shown again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.