ASA Adjudication on Eastern Valley Chemicals Ltd

Ad

A magazine ad, for Fabrix Liquid Laundry Detergent, stated "A breakthrough in the war against super bugs Eastern Valley Chemicals Ltd (EVC) has been granted exclusive Worldwide rights to incorporate a product called Hygienilac™in its liquid laundry detergent. This new detergent is called FABRIX™. Hygienilac™is one of the most exciting new anti-microbial products available today ... Hygienilac™has been given an endorsement from the NHS Infection Control Rapid Review Panel (surface coatings category) and has been dermatologically tested and has been proven non-skin irritant."

Issue

JLA challenged whether:  

1. the reference to the NHS Infection Control Rapid Review Panel (the Panel) evaluation misleadingly implied endorsement and whether that implication was misleading, because the Panel concluded that more research and development was needed before Hygienilac was ready for evaluation in practice and

2. the efficacy of Hygienilac as an ingredient of the laundry detergent Fabrix had been assessed by the Panel, because they believed it had been assessed for its value as a wood lacquer.

CAP Code (Edition 11)

Response

1. EVC said the Panel reviewed Hygienilac in the first quarter of 2005 and concluded that it was "a potential useful concept but insufficiently validated; more research and development is required before it is ready for fuller evaluation in practice ...".  EVC said they copied the endorsement claim from other publications, including from the website of Hygienilacs manufacturer.  They conceded that they had not contacted the Panel for their permission and that they should not have used the word endorsement and would not use that expression again.

2. EVC explained that Hygienilac was a biocide, which was the active ingredient that killed bacteria, and the biocide was carried by an 'agent'; in this case, the Fabrix detergent.  They considered that any substance, including wood lacquer, could carry the active ingredient, without impacting upon its efficacy but did not submit documentary evidence of that.  EVC added that the Hygienilac biocide was already being successfully used by UK manufacturers in a variety of applications including wood furniture and upholstery, carpets, doors and windows, as a hand mousse and to impregnate plastics and fibres.  They disagreed that the ad gave the impression that the efficacy of Hygienilac as an ingredient of Fabrix had been assessed by the Panel.  They pointed out that the ad stated "Hygienilac™ has been given an endorsement from the NHS Infection Control Rapid Review Panel" which they considered did not imply Fabrix had been either assessed or endorsed by the Panel.

Assessment

1. Upheld

The ASA noted the Panel had not endorsed Hygienilac and that EVC had not sought permission from the Panel to make the claim in the ad.  We also noted EVC would not refer to 'endorsement' by the Panel again.  We considered that readers were likely to infer from the claim "Hygienilac has been given an endorsement by the NHS Infection Rapid Review Panel ..." that the product had been tested to the Panel's satisfaction and was effective for its intended use.  We understood however that, while the Panel had considered that the product was potentially useful, they recommended that further research and development of the product, followed by further practical evaluation, was required.  We therefore concluded that the reference to endorsement by the Panel could mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 14.5 (Testimonials)

2. Upheld

We considered that readers were likely to infer from the inclusion of the reference to the Panels endorsement that the efficacy of Hygienilac as an ingredient of the laundry detergent Fabrix had been assessed by them.  We understood however that the Panel had assessed Hygienilac for its value as a wood lacquer and not as a laundry detergent.  We noted EVC believed the efficacy of the active ingredient would not be affected by the nature of its agent.  We nevertheless noted we had not seen documentary evidence to show that that was the case.

In any case, we concluded that the efficacy of Hygienilac as an ingredient of the laundry detergent Fabrix had not been assessed by the Panel, as implied by the ad.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies - general).

Action

The ad must not appear again in its current form.  We advised EVC to contact the CAP Copy Advice team for guidance with the wording of future ads.

Adjudication of the ASA Council (Non-broadcast)