ASA Adjudication on Home Shopping Selections Ltd

Ad

A national press ad for a back support. Text stated "Back Pain? Neck Ache? Stiffness? Shoulder Pain? Joint Pains? Muscle Tension? The Posture Support is the ANSWER … Poor posture … This can result in permanent visible postural defects and classic pain symptoms … The solution This comfortable posture support gently urges your tired shoulders back to keep your spine correctly aligned, ease the strain on neck and back and avoid an unflattering stoop ...".

Issue

The complainant challenged whether Home Shopping Selections (HSS) could substantiate the efficacy claims for the product.

CAP Code (Edition 11)

Response

HSS did not respond to our enquiries.

Assessment

Upheld

The ASA was concerned by HSSs lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

In the absence of any response or scientific evidence to substantiate the claims that the product could rectify poor posture and treat back pain, neck ache, stiffness, shoulder pain, joint pain and muscle tension, we concluded that the ad was misleading.

The ad breached CAP Code clauses 2.6 (Non-response), 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form. We urged HSS to seek guidance from the CAP Copy Advice team before advertising again, and asked CAP to inform its members of the problem with them.

Adjudication of the ASA Council (Non-broadcast)