ASA Adjudication on Mashco Ltd

Ad

An ad for Nourkrin, a hair recovery programme, which was inserted into a trade newspaper, stated "Mashco News NOURKRIN NO.1 HAIR SUPPLEMENT NOW AVAILABLE AT MASHCO … Mashco's Managing Director Jay Mashru commented, ' … Nourkrin is clinically proven to nourish thinning hair and promote existing hair growth …'". The ad depicted the Nourkrin range; encircled text superimposed onto the photograph stated "The UK's NO. 1 hair supplement". Text under the sub-heading “The Nourkrin Range” stated “Maintains results once finished with Nourkrin Extra Strength … Nourkrin Man is a supplement that helps prevent the onset of male pattern baldness” and under the heading "Studies support the success of Nourkrin", text stated "Nourkrin was voted the 'leading brand for hair loss' by the European Cosmetic Markets (ECM) 1. In a recent study conducted on Nourkrin, published in 'The Journal of International Medical Research 2006', participants showed an increase in hair count by 35.7% after only 6 months. 2. In 2001 a study was also published by 'The Journal of International Medical Research' in which Participants showed an average increase in hair growth of 32.4% after 6 months. 63.9% after 12 months". Further text stated "Nourkrin is AWARD WINNING Nourkrin was voted the 'leading brand for thinning hair' by the European Cosmetics Markets (ECM) Best selling branded product by retail value 2006, awarded by leading health food group Holland & Barrett". Text under the sub-heading "Internal Studies Undertaken" stated "The following is the results from 3000 Nourkrin customers: 70% saw an improvement after 6 months 83% saw an improvement after 12 months 41% reported hair re-growth after 6 months 62.5% saw an improvement after 2 months Source October 2006". Text continued "The Nourkrin Market 1 in 3 women suffer from hair loss - Androgenetic Alopecia affects approx. 30 million women in the US alone! … In 2003, the brand was redeveloped and targeted towards women and into the full range of products that exist today … The Nourkrin Man Market … Significant consumer demand Untapped market (hair loss PREVENTION) Natural drug-free alternative to products containing minoxidil and finasteride Clinically proven results". The ad showed a photograph of actress Britt Ekland and stated ICONIC SCREEN LEGEND BRITT EKLAND ENDORSES NOURKRIN IN 2008 "After taking Nourkrin for just a few months I noticed my hair was much thicker, fuller and stronger. I am delighted with the results!"'.

Issue

Lifes2good, who had distributed Nourkrin in the UK until recently, challenged whether the ad was misleading on the following points:

1.  the product used by Britt Ekland consisted of a different formulation, which had been available until 2006, and was not the current product offered in the ad;

2.  the photograph of Britt Ekland used in the ad was taken when she was several years younger; they believed, therefore, the image exaggerated the likely benefits of using the product;        

3.  the studies referred to had been conducted on an earlier Nourkrin formulation and not the product advertised; the efficacy of the current product was, therefore, unsubstantiated.

CAP Code (Edition 11)

Response

Pharma Medico International (PMI), the manufacturers of Nourkrin Food Supplements, responded on behalf of Mashco.  

1.  PMI said, since 2003, the levels of inert crude inactive proteins found in the active ingredient of Nourkrin had been reduced.  They maintained, however, that the levels of the active compound found in the main ingredient, a marine extract, had remained constant.  They explained that the reduction of the inert crude protein did not significantly affect the formulation or efficacy of the product but was intended to improve the sensory impact of it.  They confirmed that the product currently available contained the same amount of active compound within the marine protein extract as had always been found in Nourkrin and that Britt Ekland continued to use and endorse the product.  

2.  PMI asserted that the photographs of Britt Ekland were taken in December 2007 and reflected her appearance at that time.  They submitted invoices for payment relating to the photo shoot for the ASA's attention.

3.  PMI explained that the ad was based on a previous ad published by Lifes2good when they were responsible for the distribution of Nourkrin.  They said they had understood that the claims it contained were acceptable under the Committee of Advertising Practice (CAP) Code at the time of publication, but had since become aware that that was not the case.  They said they now took advice from the CAP Copy Advice team prior to publication of all marketing material.    

PMI reiterated that the amount of the active compound in Nourkrin had not been affected by the formula change and so its efficacy potential had not been affected.  They submitted a report from their consultant expert in substantiation.  The report confirmed that changes made to the overall product formulation since 2001 had not affected the amount of active compound contained in the product.  It explained that the nutritional value for protein levels had been reduced as a result of the changes, but this had not significantly or adversely affected the potential of the active compound.  The report referred to clinical trials, which the expert believed confirmed the view that the amount of crude protein in the product had no influence over its efficacy.

The report explained that, in 2001, a study which used a marine extract with an identical active ingredient element as found in the current Nourkrin formula reported an increase in hair count by 35.5% after six months and, in the most recent trial published in 2006, a tablet containing the exact same profile as the current Nourkrin formulation was used.  The report stated that the results on that occasion reported that 35.7% of the participants in the active group claimed an improvement in hair growth after six months.  The report also provided a list of references which discussed the effects of marine-based extract of proteins on hair loss and development.

Assessment

1.  Not upheld

The ASA understood the concerns of the complainant, because the overall formulation of the product had changed over recent years.  We considered, however, that, because the level of the active compound had remained constant, the formulation change was unlikely to be materially significant or perceived adversely by the consumer.  We understood that Ms Ekland had used and endorsed Nourkrin for some time before the formula changed and continued to use it.  We concluded that the ad was not misleading in this regard.   

2.  Not upheld

We noted the invoices submitted by PMI and understood that the photographs of Britt Ekland, having been taken only recently prior to the mailing's distribution, were more recent than the complainant believed.  We also noted the photographs were not presented in a 'before and after' situation and considered that readers would interpret them as illustrative of Ms Ekland only.  We concluded that the images had not exaggerated the likely effect of the product.  

On points 1 and 2, we investigated the ad under CAP Code clause 7.1 (Truthfulness) but did not find it in breach.  

3.  Upheld

We understood that the complainants were concerned that the efficacy of the current formulation of Nourkrin had not been substantiated and neither the scientific nor internal studies quoted in support of the product related to the formula of Nourkrin currently available.  

We noted PMI's comments and understood that the amount of active compound within the marine extract in the product had not varied following the formulation change.  We also noted PMI's comments with regard to the scientific studies quoted: the earliest study, conducted in 2001, used a different brand of a marine extract product but with an identical 'active ingredient' element as the current Nourkrin formula and the later study of 2006 used a product with the exact same profile as that of Nourkrin in its current formulation.

PMI did not submit the internal studies or full trial papers quoted in the ad for either scientific study.  We noted, however, we had consulted an independent expert to assess the two trials published in The Journal of International Medical Research in the course of a previous investigation.  On that occasion, the expert considered that there were discrepancies in the trial methods and collation of results, which led him to conclude that the studies were insufficiently robust to support any efficacy claims for Nourkrin to prevent hair loss or promote hair growth that could be externally validated; the studies were, therefore, inadequate to support the efficacy of any product formulation.  Similarly, although we understood that the internal studies were likely to be useful to the advertisers in assessing customer satisfaction, they were unlikely to be robust enough for efficacy substantiation purposes.   

We were concerned that readers could infer from the inclusion of the studies and the claims "Studies support the success of Nourkrin", "Nourishes thinning hair & promotes existing hair growth", "Maintains results" and "... helps prevent the onset of male pattern baldness ..." that Nourkrin had been proven to have an effect on hair loss and hair growth.  We understood that hair loss could either be a temporary and naturally reversible process of hair shedding or a permanent state of hair loss.  We considered, however, that the ad had not satisfactorily differentiated between permanent or temporary hair loss and readers who believed they had thinning hair were likely to infer that they could benefit from the use of Nourkrin regardless of the aetiology of their hair loss condition.  The evidence, however, was insufficiently robust to definitively demonstrate any effect.

We concluded, therefore, that the efficacy of the product to have an effect on hair loss or hair re-growth remained unsubstantiated and references to studies in support of those claims were likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.26 (Health and beauty products and therapies - hair and scalp).

Action

The leaflet must not appear again in its current form.  We told Mashco to ensure that future ads were amended to remove the implication that Nourkrin had been proved efficacious to prevent hair loss and promote hair growth and welcomed their willingness to consult CAP Copy Advice prior to issuing future material.

Adjudication of the ASA Council (Non-broadcast)