ASA Adjudication on Telegraph Media Group Ltd

Ad

A national press ad promoted an anti-insomnia band. The ad was headed "Anti-insomnia band The secret to a good night's sleep." Beneath the text was an image of a woman sleeping, with the text "Just £9.99 including p&p" over it. Another image showed a close up of the anti-insomnia band on a wrist. The body copy stated "Say goodbye to sleepless nights. With our anti-insomnia band you can fall asleep naturally without the use of medication and its associated side effects. It works based on the principles of acupuncture - the wristband has a small inbuilt pressure button on the inner side which gently stimulates the H7 spot on the wrist, totally relaxing the body and promoting deep, restful sleep ... ".

Issue

Two complainants challenged whether the ad was misleading because it implied the "Anti-insomnia band" had been proven to treat insomnia effectively.

CAP Code

Response

The Telegraph Media Group Ltd (the Telegraph) said the product was produced in partnership with BVG Airflo Ltd, (BVG). They said they had had a long association with that company and they had provided them with many products, all of which they knew had been tested for quality. They said it was BVG's policy to hold evidence to substantiate any claims made for those products, however, they acknowledged that on this occasion the normal procedures BVG had in place had not been not properly followed and as a result they could not substantiate the claims made in the ad. They said they had withdrawn the ad and would not run it again. They said they would seek advice from the CAP Copy Advice Team when preparing new copy.

Assessment

Upheld

The ASA welcomed the Telegraph's decision to withdraw the ad and their decision not to run it again. We also acknowledged their willingness to seek Copy advice when preparing new copy. Because the Telegraph did not provide evidence that showed the "Anti-insomnia band" had been proven to treat insomnia effectively we concluded the claims made in the ad had not been substantiated and the ad was misleading.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and Beauty Products and Therapies).

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)