ASA Adjudication on Caine & Wigmore Publishing Ltd

Ad

A national press ad for a knee brace was headed "MAJOR DEVELOPMENT SPECIAL AUTHORIZED RELEASE FOR READERS OF THIS PUBLICATION. KNEE PAIN? Medical advancement gives general public one of the finest technological devices available for knee pain. NEW DEVICE FOR ANYONE WITH KNEE PAIN". Below, text stated "The finest technological device available that can help in relieving knee pain is now being released to the general public. known as KNEED-IT, this device is the first of its kind ... KNEED-IT is an innovative and unique device medically designed to assist in the relief of knee pain commonly associated with Arthritis, Tendonitis, Chondromalacia and Cartilage trouble ... KNEED-IT is a treatment, not a tourniquet ... KNEED-IT was designed to assist not only in the treatment of knee injuries, but also in the prevention of knee injuries ...". The ad included two photos, one was headed "BEFORE: PAIN", which showed a man rubbing his knee and a pained expression on his face. The other photo was headed "AFTER: RELIEF" and showed the same man, smiling and walking with a bicycle.

Issue

A reader challenged whether:

1. the efficacy claims for the product were misleading and could be substantiated, and

2. the claims implied that the KneedIT was a registered medically approved device.

CAP Code (Edition 11)

Response

1. & 2. Caine & Wigmore Publishing Ltd (Caine & Wigmore) said the product had a US patent that showed it was a unique device; they sent a copy of the patent application which they believed proved it worked as claimed. They said it had been designed by medical experts and therefore the claim "medically designed to assist in pain relief" was true.  They said the ad did not claim KneedIT was a registered, medically approved device.

Assessment

1. & 2. Upheld

The ASA noted the ad made claims for pain relief, treatment and prevention of knee pain, and references to medical conditions such as arthritis and knee repetitive strain injury.  We understood from the Medicines and Healthcare products Regulatory Agency (MHRA) that such claims brought the product within the remit of the medical device regulations and that such claims could not be made for a product unless it was registered and bore a CE mark.  Because there was no evidence that the product had been registered as a medical device with a Competent Authority within the EU, we concluded that the claims made for pain relief and treatment and prevention of knee pain breached the Code.

The ad breached CAP Code clauses 50.1 (Health and Beauty Products and Therapies) and 50.11 (Medicines).

Action

The ad must not appear again in its current form.  We told Caine & Wigmore not to make medical claims for an unregistered product and to consult the CAP Copy Advice team before advertising again.

Adjudication of the ASA Council (Non-broadcast)