ASA Adjudication on IntraMed Ltd

Ad

A direct mailing, for an "organic silica gel" called Artrosilium, consisted of a letter, a document entitled "Networking Newsletter for Users of Artrosilium", another document entitled "The natural remedy for the relief of arthritis by Dr Anton Robinson" and a coupon to obtain a free sample of Artrosilium. The letter claimed "Guaranteed Arthritis Relief ... This amazing organic gel has proved incredibly effective at relieving arthritis pain and actually reversing its crippling effects ... Artrosilium isn't just for treating arthritis; many of our customers use it to treat other conditions including: Eczema Psoriasis Verrucas Various skin Irritations Haemorrhoids Prostate problems ...". The "Networking Newsletter for Users of Artrosilium" claimed " ... One of my doctor friends recently confided in me, 'most of my patients complain of pains due to arthritis. None of the medications at our disposal are really satisfying. If we could find a real solution, 80% of our problems would be solved!' ... it's true that the degeneration of cartilage and the joints is a serious problem ... Is Artrosilium a solution? Many of the users think so ... ". It included several testimonials from people who had used Artrosilium to relieve their arthritis, haemorrhoids, tendinitis and tennis elbow and as an alternative to knee surgery. One testimonial stated " ... my arthritis had completely disappeared in 2 or 3 applications ...". Another stated " ... I thought that an operation on my knee was inevitable, but since I've been using Artrosilium, there's no longer any question of surgery". The newsletter also gave "Examples of applications of Artrosilium" to help "Pains, inflammations", "Skin problems, burns, sunburns", "Sinus, nasal congestion", "Prostate" and "Rashes, canker sores". The document entitled "The natural remedy for the relief of arthritis by Dr Anton Robinson" stated " ... A doctor will usually prescribe painkillers or an anti-inflammatory medication ... While such medicines do provide relief, they are often accompanied by complications due to their side effects: digestive problems, osteoporosis, infection and even osteonecrosis. This creates a paradoxical situation: you have to take more medication to treat the side effects of the medication you're already taking! ... Why do some people suffer from high blood pressure? Simply because their veins and arteries become less elastic as they age. A study of 72 persons over the age of 61 showed that arteries affected by atherosclerosis contained 14 times less silicon than healthy arteries ... You may find the following reports interesting, even though they are based on empirical observation and are not backed up by scientific proof ... Many types of skin problems can be treated successfully with organic silica, including boils, abscesses, haemorrhoids, eczema, burns, insect bites and minor cuts and wounds. A researcher named Carlisle, working at UCLA, discovered a perfect correlation between a lack of silicon and aluminium deposits in the brain which, as you may know, is suspected of being a primary cause of Alzeheimer's disease. As for mouth care, silica strengthens gums and makes an effective treatment for disorders like aphtha (thrush) and other types of mouth sores. A friend of mine even used daily applications of organic silica to treat his prostate ... In my opinion, this is one of the most promising scientific discoveries of our century ...". It included several testimonials from people who had used Artrosilium to relieve their knee, arm and lower back pain and rheumatism. It also stated that the "organic silica gel" could be used to make wrinkles gradually disappear, to "restore your nails' youthful appearance" and to "stop hair loss".

Issue

1. Three complainants challenged whether IntraMed could substantiate the efficacy claims for Artrosilium, including that the product could be used to treat serious medical conditions; arthritis, prostate problems and Alzheimer's disease.

The ASA challenged whether the:

2. ad made medicinal claims for an unauthorised product;

3. ad was irresponsible, because it might discourage recipients from seeking suitably qualified medical advice for serious medical conditions;

4. testimonials were genuine and could be supported with independent evidence of their accuracy and

5. ad misleadingly implied that the product was guaranteed to work.

CAP Code (Edition 11)

Response

IntraMed asserted that the ad did not contain efficacy or medicinal claims but merely reported customer experiences.  They said they always let consumers know if customers had good experiences with the product.

They confirmed that Artrosilium was not a licensed medicine but argued that it was natural and contained no dangerous or banned substances.  They also said the benefits of silicon were well documented, and the product was manufactured to high standards and according to EU guidelines.

Assessment

1., 2., 3., 4. & 5. Upheld

The ASA noted the CAP Compliance team had also contacted IntraMed who had provided an assurance to them that the mailing would not be sent out again in its current form.  We also noted IntraMed had told the Compliance team they would contact the CAP Copy Advice team for help in preparing advertising.  Nevertheless, we noted IntraMed had been subject to four previous ASA adjudications where the complaints were upheld in the past year, and were concerned that they had consistently been unable to demonstrate that they held evidence to support their advertised claims.  In this case, they had sent no evidence to show the product was able to treat any conditions at all and had not shown the testimonials were genuine.  We reminded IntraMed that testimonials alone did not constitute substantiation and the opinions expressed in them must be supported, where necessary, with independent evidence of their accuracy.  Furthermore, we considered some of the claims in the mailing, for example "Guaranteed Arthritis Relief" and "Examples of applications of Artrosilium ... Prostate" were likely to be interpreted as efficacy or medicinal claims, not customer opinion, and reminded them they should not make medicinal claims for an unauthorised product and efficacy claims should be backed by evidence.  We noted a number of claims implied the product was guaranteed to work but had not seen substantiation to support those claims.  

We were also concerned that the text " ... One of my doctor friends recently confided in me, ... None of the medications at our disposal are really satisfying ...  A doctor will usually prescribe painkillers or an anti-inflammatory medication ... While such medicines do provide relief, they are often accompanied by complications due to their side effects: digestive problems, osteoporosis, infection and even osteonecrosis.  This creates a paradoxical situation: you have to take more medication to treat the side effects of the medication you're already taking! ..." might discourage recipients from seeking suitably qualified advice for serious medical conditions.  We concluded that the ad was irresponsible, made unproven and unacceptable claims and was likely to mislead.

The ad breached CAP Code clauses 2.2. (Social responsibility), 3.1 (Substantiation), 7.1 (Truthfulness), 14.1 and 14.3 (Testimonials and endorsements), 50.1, 50.3 and 50.4 (Health & beauty products and therapies - General) and 50.11 (Health & beauty products and therapies - Medicines).

Action

The ad must not appear again in its current form.  We welcomed IntraMed's assurance that the mailing would not be repeated and told them to seek advice from the CAP Copy Advice team before advertising again.

Adjudication of the ASA Council (Non-broadcast)