ASA Adjudication on Treedwell Ltd

Ad

A magazine ad, for an aphrodisiac drink and capsules, stated "START UP ... SEXY - VIBRANT - HERBAL APHRODISIAC - ERECTILE ENHANCERS ... Start up is made from 100% natural ingredients with none of the side effects associated with some other well known products Experience START UP Sex Drink & Capsules ... ". A picture of the drink was shown and the text “SEX DRINK VITALITY BOOSTER” was visible.

Issue

The ASA challenged whether the ad made medicinal claims for

1. a food (Start-Up drink), and

2. an unlicensed product (Start-Up capsules).

CAP Code (Edition 11)

Response

1. & 2. ukstart-up.com (Start-Up) sent the ASA information about the capsules, including certificates of inspection and analysis, an ingredient list and a copy of a study in which participants subjectively evaluated the efficacy of the capsules.  They also supplied a certificate of inspection and analysis and an ingredient list for the drink.

Assessment

1. Upheld

The ASA noted the claims "APHRODISIAC - ERECTILE ENHANCERS" and "SEX DRINK VITALITY BOOSTER".  We considered that the ad implied that the drink had an effect on erectile function and therefore implied that it had a physiological effect.  We considered that the claims were medicinal and noted such claims for food products were prohibited by law.  

On this point, the ad breached CAP Code clause 4.1 (Legality).  

2. Upheld

We noted the capsules contained a number of herbs, including Epimedium or 'Horny Goat Weed'.  We understood from the Medicines and Healthcare products Regulatory Agency (MHRA) that those herbs were medicinal.  As above, we considered that the ad implied that the capsules had an effect on erectile function.  We therefore concluded that the ad made a medicinal claim for an unlicensed product.

On this point, the ad breached CAP Code clause 50.11 (Medicines).

Action

The ad must not appear again in its current form.  

Adjudication of the ASA Council (Non-broadcast)