ASA Adjudication on Vitabiotics Ltd

Ad

A leaflet for Vitabiotics showed an open can of Wellman drink and was headed “Wellman HIGH PERFORMANCE DRINK WITHOUT HIGH CAFFEINE.” Body copy stated “The great tasting alternative to high caffeine & high sugar drinks - Advanced energy release formula - Contains no added synthetic caffeine or other stimulants - DEMANDING LIFESTYLE? Wellman delivers B-Complex vitamins for rapid energy release - NEED PERFORMANCE FAST? Fruit juices and carbohydrates help restore natural energy - NATURAL SOURCE PLANT EXTRACTS Botanical extracts of Ginseng, Guarana, Green Tea extract & Artichoke.” Text on the picture of the can featured in the ad stated “Wellman - HIGH PERFORMANCE - health & vitality for men.”

Issue

A reader challenged the claims

1.  "The great tasting alternative to high caffeine & high sugar drinks;

2.  "Wellman delivers B-Complex vitamins for rapid energy release"; and

3.  "Fruit juices and carbohydrates help restore natural energy.

CAP Code (Edition 11)

Response

1.  Vitabiotics said Wellman was designed to be an alternative to caffeine stimulant drinks.  They said Wellman contained much lower levels of caffeine than popular caffeine stimulant drinks and lower levels of sugar than popular caffeine stimulant drinks and carbonated drinks.  They supplied a breakdown of caffeine and sugar levels that compared Wellman with popular caffeine stimulant drinks and carbonated drinks.

2.  Vitabiotics said Wellman contained a combination of B1, B2, Niacin, B6, B12 and folic acid which they believed provided nutritional support for the bodys energy producing processes.  They believed it was widely accepted that B vitamins were required by the body for the metabolic release of energy from food.

3.  Vitabiotics said Wellman contained fruit juices and carbohydrates which they believed helped restore natural energy.  They said its total carbohydrate content was made up of natural sugars from fruit juices which included glucose, fructose and sucrose as well as added sugar in the form of sucrose.  They believed these sugars provided the body with a rapid, readily utilisable and natural source of energy.  They believed that contrasted with the lift experienced after consuming drinks with high levels of added caffeine or other stimulants.  They said the caffeine in Wellman came from natural sources such as green tea and guarana extract.

Assessment

1.  Not upheld

The ASA considered Vitabiotics had shown Wellman contained less caffeine and sugar than leading caffeine stimulant and carbonated drinks and that the ad suggested sufficiently clearly that Wellman was an alternative to those drinks.

On this point, we investigated the ad under CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons) but did not find it in breach.

2.  Upheld

We noted the claim was made in the context of Wellman's B-Complex vitamin content and that it was widely accepted that some B vitamins played a role in releasing energy from protein, fat and carbohydrate for the body to use.  Vitabiotics had not, however, provided evidence to show the effect on the body of their product's B vitamin content.  We considered Vitabiotics had not provided suitable, documentary evidence to prove the claim.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.20 (Vitamins, minerals and other food supplements).

3.  Upheld

We noted the claim was made in the context that fruit juices and carbohydrates helped restore natural energy and that it was widely accepted that drinks that were a concentrated source of carbohydrate energy had been shown to have a positive effect on energy levels during physical exercise.  Vitabiotics had not, however, provided evidence to show the effect on the body of their product's fruit juice and carbohydrate content.  We considered Vitabiotics had not provided suitable, documentary evidence to prove the claim.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

We told Vitabiotics to remove the claims that Wellman delivered B-complex vitamins for rapid energy release and that its fruit juice and carbohydrate content helped restore natural energy until such time as they had conclusive evidence relating to the amount and combination of B vitamins and the fruit juice and carbohydrate content of their product.

Adjudication of the ASA Council (Non-broadcast)