ASA Adjudication on Neetas Herbal Remedies

Ad

In July 2008, the Monitoring team saw a new ad for Neeta’s Herbal on Zee TV; it featured photographs of men with thinning hair or bald patches while the voice-over stated “Are you having hair problems? Are you feeling shy about it?” An on-screen graphic showed a cross-section of a scalp with green liquid being poured over it. The green liquid descended into a hair follicle and a new hair shaft sprouted out. The voice-over said “Come and discover how your hair problems might be overcome at Neeta’s Herbal Hair and Skin Centre.” A woman in a white coat massaged a man’s head. Herbs were shown being mixed with a pestle and mortar and then applied to hair. The voice-over said “We at Neeta’s Herbal aim to provide a herbal solution to all your hair problems. Call Neeta’s Herbal now on 020 xxxx xxxx and visit one of our branches. Neeta’s Herbal.”

Issue

Monitoring staff challenged whether:

1.  evidence substantiated the claim that Neetas Herbal was a solution for thinning hair, alopecia and bald patches; and

2.  Neetas Herbal had a marketing authorisation allowing it to make medicinal claims.

BCAP TV Code

Response

1.  Zee TV stopped broadcasting the ad as soon as the Monitoring team challenged it in July.  They explained that they had revised the ad as a result of the Monitoring teams intervention in January.   They asserted that the ad merely claimed "your hair problems might be overcome" and the photographs in the ad were not before-and-after shots.  They explained that their consultant and a new salesman had not communicated properly; they agreed that, with hindsight, they should not have used the photographs.  

2.  Zee TV submitted a letter from the College of Ayurveda; it stated "... the products being used do not fall within the classification of medicines as determined by the Medicines Control Agency (MCA).  The products are being used topically and the individual applying the products is not treating the underlying cause of the skin/hair condition.  The application of the products to the skin and the hair in this way cannot result in the products being classified as "medicines"  ...".  They also submitted a letter from the MCA; it stated "... with one or two exceptions I dont think the MCA has any particular problems with the ingredients.  Arnica Montana appears to be medicinal by function and we would not expect to see it in a cosmetic product (Amla Shampoo & Hair Lotion)...".

Assessment

1. Upheld

The ASA welcomed Zee TVs assurance that they had withdrawn the ad but we were concerned that Zee TV had not learned from the Monitoring teams intervention in January.  We considered that the photographs, graphics and the statements such as "Are you having hair problems ... Come and discover how your hair problems might be overcome at Neetas Herbal Hair and Skin Centre.  We at Neetas Herbal aim to provide a herbal solution to all your hair problems" implied that the treatments offered would result in hair re-growth.  We considered that none of the information submitted constituted evidence to substantiate the claims.  We concluded that the ad was misleading.  

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 5.2.2 (Implications).

2. Upheld

We understood that Neetas Herbal did not hold a marketing authorisation.  We understood from the Medicines and Healthcare products Regulatory Agency (MHRA) that, although it stated that the products were not medicines, the MHRA did not allow Neetas Herbal to make medicinal claims; such as causing hair to re-grow or treating alopecia and baldness.  We considered that the ad implied that use of the products would result in hair re-growth.  We considered that the ad had made medicinal claims for an unlicensed product.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.3 (Products without a marketing authorisation).

Action

We concluded that the ad must not be broadcast again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.

Adjudication of the ASA Council (Broadcast)