ASA Adjudication on Church & Dwight UK Ltd

Ad

A TV ad for a toothpaste was fronted by children's television presenter Katy Hill dressed in white. She said "If you've got sensitive teeth like me this is real important news. No more grief, a major breakthrough, a toothpaste that will not just mask the problem but fix it ... new Arm and Hammer Enamel Care Sensitive with liquid calcium fixes the cause of sensitivity by sealing teeth and closing off exposed nerves ... In replenishing the enamel it also restores your teeth to their former whiteness ... new Arm and Hammer Enamel Care Sensitive - Fix the Cause of Sensitivity."

Issue

GlaxoSmithKline challenged the claims "will not just mask the problem but fix it", "fixes the cause of sensitivity by sealing teeth and closing off exposed nerves" and "Fix the cause of sensitivity" because they believed these were medicinal claims and should not be made unless the product held a marketing authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA).

BCAP TV Code

Response

Clearcast responded on Church & Dwight UK Ltd (Church & Dwight)'s behalf. They said they had vetted the copy for the ad carefully at the production stage, in conjunction with their consultant dentist. They said the product did not hold a marketing authorisation from the MHRA. They said they believed whether or not the claims could be considered medicinal were a matter of interpretation and ultimately a matter for the MHRA, but they said they had considered the claims were reasonable without one.

Assessment

Upheld

The ASA did not consider evidence for the efficacy of Arm and Hammer Enamel Care Sensitive. We understood from the MHRA that the claims "will not just mask the problem but fix it"; "fixes the cause of sensitivity by sealing teeth and closing off exposed nerves" and "Fix the cause of sensitivity" were medicinal claims. Because Arm and Hammer had made medicinal claims without holding the appropriate marketing authorisation, we concluded that the ad breached the Code.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 8.2.3 and 8.2.9 (Medicines, Health Claims, Treatments and Nutrition).

Action

The ad should not be broadcast again until Arm and Hammer have obtained the relevant marketing authorisation.

Adjudication of the ASA Council (Broadcast)