ASA Adjudication on Stirling Health Ltd

Ad

A direct mailing from Stirling Health promoted their "Prostate Support Formula" and was headed "PROSTATE CANCER NO.1 KILLER OF UK MEN". Further text stated "DON'T LET YOUR PROSTATE RUIN YOUR LIFE! ... I am confident that I can provide a solution that will instantaneously and radically change the quality of your life ... this solution has been available for many decades and is clinically proven beyond doubt". Inside the leaflet text stated "THE ULTIMATE PROSTATE SOLUTION ... After months of extensive research through leading Universities, Research Centres and known experts in the field, I discovered that there were some extremely powerful natural ingredients such as Saw Palmetto, Zinc, Plant Phytosterols, Lycopene ... and a large number of other ingredients that have been clinically shown to be more effective than prescription medicines for both treating prostate conditions as well as maintaining good Prostate Health". The next section was headed "TOTAL PEACE OF MIND AND AN INCREDIBLE OFFER". Text stated "So I hope you now understand why I would suggest you try Prostate Support Formula to treat any Prostate condition that you may already have, or prevent one from occurring in the future ... As I mentioned earlier, Prostate Support Formula is a completely natural and drug-free product with no known side effects, and can be taken with any other medication." The next page was headed "What People Have Said" and contained six testimonials. The testimonials stated "I am so grateful to your company for developing this wonderful product ... I was offered prescription drugs, however as an avid sportsman, I was reluctant to use prescription drugs ... Desmond Richardson, Salisbury ... Please urgently send me two more boxes of your Prostate Support Formula ... I've found that it has completely stopped all of the problems I was having ... Roger Blake Teignmouth ... Now after 5 weeks I feel almost completely without any prostate problem at all, and am certainly not living my life around toilet trips any more! ... Robert Sinclair - Stoke-on-Trent ... Just wanted to put pen to paper to tell you your prostate product is a real miracle ... after taking it for two months I've almost forgotten that I have a dodgy prostate. Thanks for doing what my doctor couldn't ... Hugh Witherspoon Ilkley".

Issue

The complainants challenged whether the claims:

1. "clinically proven beyond doubt";

2. "clinically shown to be more effective than prescription medicines for both treating Prostate conditions as well as maintaining good Prostate Health";

3. "try Prostate Support Formula to treat any Prostate condition that you may already have, or prevent one from occurring in the future"; and

4. "completely natural and drug-free with no known side effects"

were misleading and could be substantiated.

The ASA challenged whether:

5. the ad made medicinal claims for an unauthorised product; and

6. the testimonials were genuine.

CAP Code (Edition 11)

Response

Stirling Health Ltd (Stirling Health) did not respond to the ASA's enquiries.

Assessment

1., 2., 3., 4., 5. and 6. Upheld

The ASA was concerned by Stirling Health's lack of response to the ASA and their apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their obligations under the Code and told them to respond promptly in future.

Because Stirling Health did not send evidence to support the claims made in the ad, and did not send proof that the testimonials were genuine, we concluded the mailing was misleading and could discourage some recipients from seeking essential treatment.

The ad breached CAP Code clauses 2.2 (Social responsibility), 2.6 (Non response), 3.1 (Substantiation), 7.1 (Truthfulness), 9.1 (Fear and distress), 14.1 and 14.3 (Testimonials and endorsements), 50.1, 50.2, 50.3, 50.5, 50.11 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form. We asked CAP to inform its members of the problem with Stirling Health.

Adjudication of the ASA Council (Non-broadcast)