ASA Adjudication on Pinnacle Health Ltd

Ad

A brochure for vitamins and minerals featured an ad for Omega 3 Fish Oil that stated "Omega 3 appears to have a positive effect when used in connection with coronary artery disease, high cholesterol levels, and triglyceride levels. Additional research also suggests that large doses of fish oil may be effective for conditions including Parkinson's disease, Alzheimer's disease, diabetes, and arthritis". An ad underneath for Omega 3 for Kids stated "Brain Food for Children! Omega 3 has recently received huge media attention regarding children's health benefits. It can help a child's brain development, and has shown positive results in scientific trials so far. It is thought to help improve concentration, mood & learning ability". Further ads for Green Tea Extract, Vitamin E and Folic Acid had the headline "ENHANCE CARDIO FUNCTION & CIRCULATION! Promoting an optimally efficient cardiovascular system whilst helping to reduce cholesterol and boost your immune system". Another ad for Prostamex Gold had the headline "The most advanced Prostate Formulation in the UK - Containing 29 Ingredients!". Text underneath stated "Do you suffer from Prostate Problems? Frequent, urgent need to urinate, particularly at night? Difficulty urinating; inability to empty the bladder? A weak urine stream or dribbling or burning during urination? If you're one of those men who has only had minimal success with other prostate urinary and / or standard saw palmetto products then we strongly urge you to try Prostamex Gold. Containing an unprecedented 29 active ingredients, Prostamex Gold is the most comprehensive Prostate and General Men's nutrition supplement on the international market, containing every natural ingredient proven to provide vital nutritional support for optimal prostate health ... Prostamex Gold is a unique blend of various vitamins, minerals and herbs that have been found to be crucial to maintaining prostate health as well as general vitality and well being. Therefore, this comprehensive combination can also be used as a super strength general nutrition product for optimum health". Small text on the back of the brochure stated "If you are unsure about any of our products always consult your GP or pharmacist. Before taking our products please consult your GP/Pharmacist if you are on medication or suffer from any medical conditions".

Issue

The Food Commission challenged whether:

1. the claim "Additional research also suggests that large doses of fish oil may be effective for conditions including Parkinson's disease, Alzheimer's disease, diabetes and arthritis" in the ad for Omega 3 Fish Oil could be substantiated;

2. the claim "Brain Food For Children! ... it can help a child's brain development and has shown positive results in scientific trials so far" in the ad for Omega 3 For Kids could be substantiated;

3. the claim "ENHANCE CARDIO FUNCTION AND CIRCULATION! Promote an optimally efficient cardiovascular system whilst helping to reduce cholesterol and boost your immune system" in relation to green tea, vitamin E and folic acid could be substantiated;

4. the efficacy claims for Prostamex Gold were misleading and could be substantiated;

5. the ad for Prostamex Gold was irresponsible, because it might discourage men from seeking medical advice for a serious medical condition; and

6. the claim "Before taking our products please consult your GP/Pharmacist if you are on medication or suffer from any medical conditions" was sufficiently clear.

CAP Code (Edition 11)

Response

Simply Supplements gave their assurance that all unsubstantiated medical claims had been removed from future marketing literature, and that the leaflet had been reviewed in the light of all points of complaint. They said they were in the process of rewriting their sales literature in preparation for Guernsey's alignment with the UK legislation on unsubstantiated medicinal claims. They said they also intended to communicate with CAP when future publications were produced.

Assessment

1., 2., 3. & 4. Upheld

The ASA welcomed Simply Supplement's assurance that the claims had been removed and would not feature in any future advertising. Nevertheless, we were concerned that claims about the health benefits of omega 3 fish oil, green tea, vitamin E and folic acid, as well as for Prostamex Gold, referred to serious medical conditions and were not supported by evidence. We concluded that, because the claims had not been substantiated, the ad was misleading.

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

5. Upheld

We noted Simply Supplement's assurance that the claims had been removed. However, we considered that the list of symptoms for prostrate problems in the ad, followed by the claim "If you're one of those men who has only had minimal success with other prostrate urinary and / or standard saw palmetto products then we strongly urge you to try Prostamex Gold", encouraged men to purchase and try the supplement in order to relieve the listed symptoms, rather than seek advice from a medical professional about a potentially serious health condition. We therefore concluded that the ad was irresponsible.

On this point the ad breached CAP Code clauses 2.2 (Principles) and 50.3 (Health and beauty products and therapies).

6. Upheld

We acknowledged that the ad included a disclaimer that customers should consult their GP or pharmacist if they were on medication, or suffering from any existing medical conditions. However, we considered that the location of the disclaimer, in small print on the back of the brochure, was not sufficiently prominent to draw the attention of consumers. We therefore concluded that on this point the ad was misleading.

On this point the ad breached CAP Code clauses 2.2 (Principles), 7.1 (Truthfulness) and 50.3 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form. We reminded Simply Supplements that marketers must hold documentary evidence to prove all claims before distributing or submitting a marketing communication for publication. We advised them to contact the Copy Advice team for guidance when preparing future similar ads.

Adjudication of the ASA Council (Non-broadcast)