ASA Adjudication on Zipvit Ltd

Ad

A brochure for health products featured an ad for ZV Snore Solution Spray. Text underneath an image of the product stated "Sleep in peace with ZV Snore Solution Spray. Newly introduced to the ZipVit product range; this could be the product to save your relationship. Snoring can be brought on by smoking, colds or possibly weight gain and can lead to misery for the person having endure [sic] the noise night after night. Introduced at an unbeatable price of only £9.99 / 50ml, working out at less than 10p per night! Surely a cheaper option than an expensive separation!"

Issue

One complainant challenged whether the advertisers could substantiate the implied claim in the ad that the product could cure snoring.

CAP Code (Edition 11)

Response

ZipVit Ltd (ZipVit) said they would amend the ad to exclude any reference to the product's ability to cure snoring.

Assessment

Upheld

The ASA welcomed ZipVit's assurance that they would amend the ad. However, we considered that the product's name, "ZV Snore Solution Spray" implied that the product could cure snoring. We also considered that, because ZipVit had not provided substantiation to show that the product cured snoring, the name "ZV Snore Solution Spray" was likely to mislead. We therefore told ZipVit not to feature the product name again in future marketing material, unless that name had been registered as a trademark.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form. We advised ZipVit to contact the CAP Copy Advice team for guidance when preparing future similar ads.

Adjudication of the ASA Council (Non-broadcast)