ASA Adjudication on Healthy Marketing Ltd

Ad

A direct mailing catalogue for various food supplements. A number of claims were made and included, "Repair your joints with 'Shark Cartilage' … Its effect is almost miraculous in the treatment of Rheumatism, Arthritis and Osteoarthritis … "; "research findings at Nottingham University … found that Mastic Gum was effective against stomach ulcers … "; "Vitamin D is essential for Calcium level maintenance in our bones and low calcium levels may eventually lead to osteoporosis … Research has shown that Vitamin D is strongly associated with improved lung function … "; "Reverse the effects of Memory Loss … Memory Aid Max contains Phosphatidyl Serine, Gingko Biloba, DHA, Ginger, Bacopa Monniera and Acetyl L-carnitine to enhance your memory and include your concentration and mental alertness … " and "BLADDER-AID For Bladder Health A formulation to aid the bladder & urinary tract, with antiseptic & antibacterial qualities … ". A further claim, headlined "Rose-Hips may Ease Arthritic Pain … ", appeared next to an image of a Daily Mail article headlined "Are rose-hips the answer to the agony of arthritis?".

Issue

The Health Food Manufacturers' Association (HFMA) challenged whether Healthy Marketing could substantiate the claims that:

1. trials had shown rose hips could benefit elderly arthritis sufferers;

2. rose hips had an unknown active ingredient that affected the blood cells involved in inflammatory and immune responses;

3. shark cartilage helped to "remineralise" cartilage and slow down joint damage;

4. two of the ingredients of shark cartilage, chondroitin and glucosamine, provided pain relief;

5. chondroitin and glucosamine were essential for maintaining healthy cartilage and synovial liquid;

6. research had shown mastic gum was effective against stomach ulcers;   

7. research had shown vitamin D was strongly associated with improved lung function;

8. vitamin D could improve calcium levels;

9. Memory Aid Max could improve the effects of memory loss;

10. phosphatidyl serine, gingko biloba, DHA, ginger, bacopa monniera and  acetyl L-carnitine could enhance memory and improve concentration and mental alertness and

11. the formulation in Bladder-Aid Tabs, 1000 mg cranberry and 50 mg bearberry, had antiseptic and antibacterial qualities and could aid the bladder and urinary tract.

12. The ASA challenged whether the references to serious medical conditions could discourage essential treatment.

CAP Code

Response

1. - 4. & 6 - 11. Woods Supplements provided information, abstracts or the references of studies related to the properties of each supplement.  

5. Woods Supplements sent a paper submitted to the University of Florida as part of a Masters of Engineering degree entitled "The effects of glucosamine and chondroitin on the viscosity of synovial fluid in patients with osteoarthritis".  The study concluded that glucosamine and chondroitin sulfate "may have a beneficial effect on some patients, resulting in an initial increase in viscosity over the first month of treatment and eventually returning to pre-treatment condition after that".    

12. Woods Supplements said they published a statement about using supplements: "This information (and accompanying material) provided by Healthy Marketing Ltd T/A Woods Supplements is not intended to replace the attention or advice of a physician or other health care professional.  Anyone wishing to embark on any dietary, drug, exercise or other lifestyle change intended to prevent or treat a specific disease or condition should first consult and seek clearance from a qualified health care professional".  They did not say where this statement was published.

Assessment

1. - 4. & 6 - 11. Upheld

The ASA noted Woods Supplements had provided some information that referred to the effect of each supplement on the respective ailments and conditions mentioned in the ad.  We noted some references to clinical trials but that there was not enough information for us to assess whether the trial was valid or supported the claims.  We therefore considered the information provided was insufficient to substantiate the claims made about the benefits of the supplements.  We concluded the claims had not been substantiated and were therefore misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Medical and scientific claims), 50.20 and 50.21 (Vitamins, minerals and other food supplements).

5. Upheld

We noted Woods Supplements provided a study in which 26 osteoarthritic subjects participated in a placebo-controlled trial, which showed that glucosamine and chondroitin sulfate "may have a beneficial effect on some patients ... ".

However, we also noted that the paper stated "the results indicate a need for a study with a larger number of subjects"; "more patients need to be enrolled to allow stronger conclusions"; "further clinical trials need to be conducted to establish viscosity as a reliable measure of OA [osteoarthritis]" and "considerable work also remains to elucidate the precise mechanism of action of GCS [glucosamine and chondroitin sulphate]".  We noted the paper had not been published or peer reviewed and considered this study did not provide sufficient objective evidence that chondroitin and glucosamine were essential for maintaining healthy cartilage and synovial liquid.  Because we had not received sufficient objective evidence to substantiate the claim we concluded it was misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Medical and scientific claims), 50.20 and 50.21 (Vitamins, minerals and other food supplements).

12. Upheld

We noted Woods Supplements said they published a disclaimer.  We nevertheless considered that references in the ad to arthritis, osteoporosis, respiratory diseases and stomach ulcers, which were serious medical conditions, could discourage essential treatment.

On this point, the ad breached CAP Code clause 50.3 (Essential treatment).

Action

The ad must not be repeated in its current form.  We told Woods Supplements to ensure they held objective evidence to support their claims and advised them to obtain advice from the CAP Copy Advice team when preparing their future ads.

Adjudication of the ASA Council (Non-broadcast)