ASA Adjudication on IntraMed Ltd

Ad

A direct mailing, for a course of herbal pills. The mailing consisted of a letter, a leaflet and an order form. The leaflet showed a graphic diagram of a surgical procedure on a prostate. Text stated "Are you waking up at night to go to the toilet? Don't let your prostate ruin your sleep or your life by allowing the condition to get worse Operations for prostate problems and cancer are common The surgical procedures themselves are very unpleasant ... This illustration shows you the main surgical technique used to help patients suffering from prostate problems. Through a resectoscope, an electric loop is used to remove the excess part of the prostate as shavings. You can clearly see how the prostate can be manipulated by the surgeon's finger which is inserted via the rectum ... How your prostate could become a problem and a potentially very serious one at that by the time you're 40 … Whether you have reached this stage yet or not, take PRO-STAVITA NOW before it's too late". On the reverse of the leaflet, text stated "Michel Bontemps A truly talented man destined for great things ... Live a happy life full of sexual vigour Become rejuvenated with a course of PRO-STAVITA". Beneath that were a number of testimonials, most of which concerned a reduction in the frequency of night-time visits to the toilet following a course of Pro-Stavita tablets. A box in the centre of the testimonials stated "Put your mind at rest PRO-STAVITA relieves prostate problems quickly and restores you to a peak of sexual fitness". Text on the order form stated "The one and only treatment to try straight away - PRO-STAVITA From the age of 40, a prostate or impotence problem could occur at any time. That's why this subject needs to be taken very seriously. You should be aware that hypertrophia of the prostate (the little gland located beneath the bladder) can worsen without effective treatment … Call a HALT to this unpleasantness and discomfort NOW Say YES to a life of comfort, freedom and relief by choosing PRO-STAVITA … YES! I want to be free of prostate problems and reclaim my life ...". Text in the letter stated "When Michel Bontemps stakes his reputation on one of his natural health remedies, it is because he is ABSOLUTELY certain of its effectiveness … Michel Bontemps is going to reveal a remedy that will put an end to your prostate problems … his main concern - to discover an effective weapon to fight prostate problems. And he has succeeded … even if your prostate isn't causing you any problems today, you should take the subject very seriously because … Prostate cancer is the second most common cause of death in men! … His new natural health preparation can "rejuvenate" your prostate. This means that you can avoid a lot of discomfort and perhaps even an operation … if you neglect prostate problems too long you may need to undergo a painful surgical intervention … After extensive research and experimentation, he discovered three plants with quite incredible powers to relieve prostate problems … As far as I am aware, PRO-STAVITA is the most effective remedy to relieve prostatic hypertrophia. Furthermore, it also opens the door to a better sex life … rediscover abundant sexual energy. PRO-STAVITA may be considered a miracle product … Nigel Kelly Your Health Adviser".

Issue

1. The complainant challenged whether the mailing was irresponsible, because they believed the image on the leaflet and the supporting text were designed to cause fear amongst recipients and scare them into buying the advertised product rather than seeking suitably qualified medical treatment for prostate problems.

The ASA challenged:

2. whether the mailing was irresponsible and likely to discourage readers from seeking qualified medical advice by offering advice on treatment for a serious medical condition;

3. whether IntraMed could substantiate the efficacy claims for the product, and in particular the implied medicinal claim that Pro-Stavita could help treat or prevent serious prostate conditions, including prostatic hypertrophia and prostate cancer;

4. whether the testimonials were genuine; and

5. whether the testimonials misleadingly implied efficacy.

CAP Code

Response

IntraMed said they would withdraw the ad if it was found in breach of the Code. They sent no evidence to support their claims.

Assessment

The ASA noted IntraMed had sent no evidence to support their claims; we welcomed their offer to withdraw the ad if it was found in breach of the Code.

1. & 2. Upheld

We considered that prostate problems were a serious medical condition. We considered that the image of a surgical procedure on a prostate was excessively graphic and was therefore likely to cause fear amongst some recipients and could discourage them from seeking professional medical advice for a serious medical condition. We also considered that, by referring to, and offering to treat or prevent the occurrence of serious medical conditions, the ad breached the Code by making medicinal claims for an unlicensed product.  We further considered that the ad was irresponsible and likely to discourage readers from seeking qualified medical advice.

On points 1 and 2, the ad breached CAP Code clauses 2.2 (Responsible advertising), 3.1 (Substantiation), 7.1 (Truthfulness), 9.1 (Fear and distress), 50.3 (Health & Beauty products and therapies - General) and 50.11(Health & Beauty products and therapies - Medicines).

3. Upheld

We considered that, because we had seen no evidence of the products efficacy, the ad misleadingly implied that IntraMed could treat the conditions listed. We further noted that the ad made medicinal claims for an unlicensed product, in breach of the Code.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.3 (Health & Beauty products and therapies - General) and 50.11(Health & Beauty products and therapies - Medicines).

4. & 5. Upheld

We considered that, in the absence of any substantiation, the testimonials had not been proved to be genuine and misleadingly implied that the product was efficacious at treating prostate problems.  

On points 4 & 5, the ad breached CAP Code clauses 7.1 (Truthfulness), 14.1, 14.3 and 14.4 (Testimonials).

Action

We told IntraMed to withdraw the ad. We also advised them to seek advice from the CAP Copy Advice team before advertising in future.

Adjudication of the ASA Council (Non-broadcast)