ASA Adjudication on UK Direct Shop

Ad

A magazine ad for a circulation aid, showed an image of a woman sitting on a chair with her bare feet on the foot plates of the product. Headline text stated "Relieve aches & pains in your feet and legs. Just sit back, place your feet on the pads and improve your health in 30 minutes". The body copy of the ad included a testimonial and the text "The Circulator works by applying muscle stimulation which immediately increases blood flow. The blood is circulated throughout the foot and is then smoothly redistributed throughout the legs reducing fluid retention, swelling and relieving pain". The ad also stated "Here are the many conditions that will be remedied or improved by The Circulator" and listed conditions including "Arthritis" "Back pain and Sciatica", "Deep vein thrombosis" and "Diabetes". The ad contained an order form which identified "UK Direct Shop Ltd" as the distributor and which contained the "SHOPS" logo.

Issue

High Tech Health Ltd challenged whether:

1. the advertisers could substantiate the claim that the product could be used to remedy or improve the conditions listed;

2. UK Direct Shop Ltd was a limited company, because they believed that it was not registered with Companies House; and

3. the advertiser was a member of the Safe Home Ordering Protection Scheme (SHOPS), because it was their understanding that they were not.

CAP Code (Edition 11)

Response

1. UK Direct Shop said they had been given advice from one of their publishers about the claims in the ad.  They did not provide any further response or documentation.

2. UK Direct Shop did not respond to this point.

3. UK Direct Shop did not respond to this point.

Assessment

1. Upheld

The ASA considered UK Direct Shop had not provided evidence to support the claims that the product could be used to remedy or improve the listed conditions and concluded that the ad was likely to mislead.  We were further concerned that the references to treatment for serious or prolonged conditions such as arthritis and diabetes could discourage essential treatment for those conditions by a suitably qualified medical practitioner.

On this point the ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) 14.1, 14.3 (Testimonials), 50.1 and 50.3 (Health and beauty products and therapies).

2. & 3. Upheld

The ASA noted that UK Direct Shop was not registered with Companies House and had not proved that they were a Limited company. We also noted that they had not demonstrated that they were a member of SHOPS. We concluded that the ad was likely to mislead.

On this point the ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) and 42.2 (Distance selling).

Action

The ads should not appear again in their current form.  We told UK Direct Shop to ensure that they held substantiation for efficacy claims for The Circulator in the future.

Adjudication of the ASA Council (Non-broadcast)