ASA Adjudication on Health & Living Foundation

Ad

A direct mailing for a health tonic called Micro Life Source, stated on the front "Discover the cure for premature ageing, pain, aches, illness and disease in 90 days, guaranteed! Or your money back. Join the millions who are daily being relieved of pain and illness and are returning themselves to a state of vibrant health with Ionic Life Force". Further text inside the mailing stated " ... there's been a year-on year decline for the past several decades in both our nutritional status and overall health! Why? Because over-farming, pollution, growth hormones, and global warming are a growing nutritional curse that's causing malnutrition, illness exhaustion, and premature ageing on a near epidemic scale ... Now there's a simple new breakthrough solution that can help prevent and even reverse this shocking situation ... Micro Life source Minerals is the most effective and advanced mineral supplement available today to replenish the body's critical supply of macro and trace minerals as well as protect your health and greatly reduce your risk of arthritis, diabetes, premature ageing and a host of other illnesses … Numerous studies have clinically proven that the minerals in Micro Life Source can repair cell damage and clear the body of many debilitating ailments, including: Immune System disorders, Irritable Bowel Syndrome, Arthritis, Diabetes, Chronic Fatigue Syndrome, Prostate problems, Depression, Lethargy, Sexual problems ... all of which, according to the latest scientific studies, many believe can clearly be greatly reduced or prevented and sometimes even eliminated completely simply by consistently ingesting bio-available minerals in the correct amounts ... I can show you how to protect your health and reverse premature ageing, Now". A leaflet enclosed with the mailing featured four testimonials from doctors and several testimonials from consumers.

Issue

1. The complainant challenged whether the mailing was misleading, because he believed the claims could not be substantiated.

The ASA challenged whether:

2. the testimonials were genuine;

3. the references to serious medical conditions could discourage essential treatment and

4. the mailing was making unauthorised medicinal claims.

CAP Code (Edition 11)

Response

Health & Living Foundation provided information about the ingredients of Micro Life Source. They said it contained water, Fucus veseculosus (10%), spirulina (1%), disodium, phosphates, citric acid and preservative potassium sorbate. They said Fucus veseulosus and spirulina were rich in minerals, including calcium, potassium, magnesium, copper, phosphorous and iron. Health & Living Foundation provided a summary of information from various websites about each of those minerals, including information on their effects and benefits. For example they provided information from an online encyclopaedia, which summarised the characteristics and applications of phosphorous.

Assessment

1. Upheld

The ASA noted Health & Living Foundation had provided information about the characteristics and benefits of the minerals which they asserted were contained within the ingredients of Micro Life Source. However, we noted they had not sent evidence to substantiate the claimed benefits of Micro Life Source or its efficacy in treating the listed conditions. We understood that the information, downloaded from websites, merely claimed that certain minerals could be beneficial for some ailments. We considered that the information was not sufficient to substantiate the claims.

We also noted Health & Living Foundation had not provided evidence to support the other claims in the mailing, for example "Because over-farming, pollution, growth hormones, and global warming are a growing nutritional curse that's causing malnutrition, illness, exhaustion, and premature ageing on a near-epidemic scale" and "Over-farming has depleted our soil, which in turn has resulted in nutrient and mineral-deficient product. The practice of refining and adding preservatives ... has left us with foods that are barely nutritious enough to keep us alive".

In the absence of objective substantiation to support the claims in the mailing, we concluded that it was misleading.

On this point, the mailing breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies) 50.20 and 50.21 (Vitamins, minerals and other food supplements).

2. Upheld

We noted Health & Living Foundation had not provided signed and dated proof for the testimonials in the mailing. We also noted they had not provided evidence to substantiate the claims within the testimonials about the efficacy of Micro Life Source. We concluded that Health & Living Foundation had not substantiated that the testimonials in the leaflet were genuine.

On this point, the mailing breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 14.1, 14.3 (Testimonials and endorsements) and 50.1 (Health and beauty products and therapies).

3. & 4. Upheld

We considered that the references to immune system disorders, arthritis, diabetes, prostate problems and depression, which were serious medical conditions, could discourage essential treatment. We also noted the mailing stated that Micro Life Source could "clear the body of many debilitating ailments" and "cure ... pain, aches, illness and disease ..." We therefore considered that the mailing used medicinal claims to promote an unlicensed product, which was a breach of the Code.

On this point, the mailing breached CAP Code clauses 50.3 (Health and beauty products and therapies), 50.11 (Medicines) and 50.21 (Vitamins, minerals and other food supplements).

Action

We told Health & Living Foundation to withdraw the mailing and advised them to seek guidance from the CAP Copy Advice team for their future advertising.

Adjudication of the ASA Council (Non-broadcast)