ASA Adjudication on Healthspan Group Ltd

Ad

A catalogue mailing, for health food supplements, stated: "Selenium is thought to be important for a healthy immune and cardiovascular system, as a protection against some forms of cancer and to maintain male fertility. Lutein is important in helping to maintain healthy vision. In the UK, a quarter of over 60's [sic] have some impairment of vision due to a condition called age related macular degeneration (AMD) which may be helped by boosting levels of dietary lutein... Green tea is a powerful antioxidant thought to prevent heart disease, as recent research shows that 4 cups of green tea daily may help to reduce levels of bad cholesterol… Turmeric This Ayurvedic spice contains the potent natural substance, curcumin, which is believed to be a natural anti-inflammatory. Our 500mg Turmeric root extract provides 95% of this active ingredient… Bromelain is a naturally occurring enzyme extracted from the stem of the pineapple plant and is a popular choice for those concerned about the side effects of anti-inflammatory drugs. Each Bromelain tablet is standardised to provide 300mg pure bromelain extract… Healthspan's Green-Lipped Mussel Extract is sourced from the clear unpolluted waters of New Zealand. Each of our capsules contains 350mg green-lipped mussel extract standardised to include high levels of the active ingredients, glycoproteins, which are believed to possess anti-inflammatory properties."

Issue

1. The Health Food Manufacturers' Association (HFMA) challenged whether the claims that the substances could prevent or treat the named conditions were misleading and whether they could be substantiated.

The ASA challenged whether the ad:

2.  was likely to discourage consumers from seeking essential treatment for serious medical conditions and

3. made medicinal claims for unauthorised products.

CAP Code (Edition 11)

Response

1.   Healthspan said their magazine, which was a combination of a product catalogue and health related articles written by independent contributors who were experts in health care, was mailed monthly to 80,000 customers.  They said each edition was unique; the articles were usually one-offs and the product copy within the catalogue pages was updated regularly.  They said several of the substances mentioned in the complaint related to the content of independently written articles, which represented the opinion of the contributor only and referred to generic nutrients rather than specific Healthspan products.

They said selenium, lutein and green tea were mentioned in an article by Dr Dawn Harper, which explained the role of antioxidants in the diet; although Dr Harper focused on natural food sources she suggested, in some instances, it might be appropriate to supplement the diet.  Healthspan provided tables taken from December 2007 UK Health Claims submissions to the EU, which included details of the properties of each supplement and the references of studies undertaken in relation to them.  Healthspan said they consulted those tables for guidance when checking that independent copy conformed with codes of practice and the EU Claims Directive.  They acknowledged the ASA's advice and said they had no plans to repeat those articles in future.

Healthspan said the claims that turmeric, bromelain and green-lipped mussel extract had anti-inflammatory properties were included in product copy; they had judged that text to be appropriate but acknowledged that they could have included details of the research references, available within EU Directive submissions, which could substantiate the claims.  They sent abstracts and references of research that had been carried out on those substances.

2. & 3. Healthspan said any references to serious medical conditions also appeared in independently written articles and did not relate to any claims about Healthspan supplements.  They said the articles in no way discouraged consumers from seeking essential treatment and were not intended to offer prescriptive advice.  Healthspan said it was also their practice to advise customers to seek medical advice, particularly if they were already taking prescribed medication, before taking a new supplement.

They said they were planning to amend the way in which they presented independent health advice features and in future would clearly separate those articles from product information to avoid any confusion between opinions and claims.

Assessment

1. Upheld

The ASA noted Healthspan's comment that articles that referred to the properties of certain supplements were written by independent contributors and were not intended to make claims about any of their products.  We also noted Healthspan had provided the references of several studies undertaken in relation to each supplement as well as details of the type of evidence those studies provided.

We also noted, however, the independently written articles claimed certain supplements had health benefits and they appeared in a catalogue selling those supplements; we therefore considered readers were likely to infer that the claims in the articles extended to the products on sale.  We noted Healthspan had considered evidence that might support the claims in the product descriptions and the independently written articles.  We noted, however, we had not seen full copies of any studies and considered that the references and abstracts provided were not sufficiently detailed to provide substantiation for those claims. Because Healthspan had not provided sufficiently robust objective evidence to support the claims that selenium, lutein, green tea, turmeric, bromelain or green-lipped mussel extract could treat or prevent the medical conditions listed, we concluded that the brochure was misleading.

On this point, the brochure breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1, 50.20 and 50.21 (Vitamins, minerals and other food supplements).

2. Upheld

We acknowledged small print in the brochure stated "While our panel of medical and nutritional advisors offer their professional opinion to your queries, the advice should not be used as a substitute for visiting a qualified practitioner.  Always seek medical advice before taking supplements ... particularly if you have a medical condition or are already taking medication".  We considered, however, that cancer, heart disease and high cholesterol were serious medical conditions and by making reference to, and offering advice on, those conditions the ad could discourage readers from seeking essential treatment for serious medical conditions.

On this point, the brochure breached CAP Code clause 50.3 (Health & beauty products and therapies).

3.  Upheld

We noted the product descriptions for turmeric, bromelain and Green-Lipped Mussel Extract referred to anti-inflammatory properties.  We considered those claims to be medicinal.  We also noted the CAP Code stated that medicinal claims should not be made for unauthorised products, and that we had not seen evidence to show that any of the products had a valid marketing authorisation.  We considered that the mailing made medicinal claims to promote unlicensed products and therefore breached the Code.

On this point, the brochure breached CAP Code clause 50.11 (Health and beauty products and therapies - medicines).

Action

The brochure must not appear again in its current form.  We advised Healthspan to consult the CAP Copy Advice team when devising future ads.

Adjudication of the ASA Council (Non-broadcast)