ASA Adjudication on Life Healthcare

Ad

Two catalogues from Life Healthcare for supplements and creams: a. the first made claims about a number of products including RestoreX, Propause Progesterone Cream, Som-hGH and Cholesterol & Triglyceride; b. the second also made claims about a number of products including SAMe, Serrapeptase and Natural HRT.

Issue

The Health Food Manufacturers' Association (HFMA) challenged whether the following claims in relation to the products were misleading and could be substantiated in ad (a):

1.  RestoreX: "... RestoreX™ provides continuous lubrication and allows the cell membrane to repel inflammatory messengers from the immune system ... RestoreX™ can naturally reverse arthritis and relieve pain almost instantly".  

2.  Propause Progesterone Cream: "PROPAUSE PROGESTERONE CREAM  Say Goodbye to Menopausal Symptoms!  Return to a life of balanced hormones, put an end to hot flushes, fatigue and other uncomfortable symptoms with our ALL natural alternative ... formulated to successfully eliminate pre-menopausal and menopausal symptoms like PMS  Fatigue  Hot Flushes  Hormone Imbalance  Estrogen Dominance  Allergies  Tender Breasts  Low Sex Drive  Depression  Headaches  Hypoglycemia  Increased Blood Clotting  Irritability  Memory Loss  Miscarriage  Premenopausal Bone Loss  Thyroid Dysfunction  Uterine Problems  Uterine Fibroids  Water Retention/Bloating  Fat Gain  Gallbladder Problems  Autoimmune Disorders".

3.  Som-hGH : "US IMPORT  Som-hGG High Strength Tablets  Let's look at the facts of ageing ... Science shows a direct link between lost HGH and the troubles of old age:  Weight gain - especially abdominally  Loss of interest in sex  Sagging skin  Wrinkles  Lack of muscle tone  Poor skin texture  Flagging memory  Insomnia  Tiredness ... The best overall health tonic & rejuvenator EVER! ... HGH is critical for growth in children and related to metabolism in adults.  In the past 50 years, scientists have found it to be a virtual fountain of youth in terms of positive effects for the body, mind and energy levels ...".  

4.  Cholesterol & Triglyceride: "Lower your dangerous cholesterol count now! ... A daily regime of two Cholesterol & Triglyceride Lowering Formula tablets will provide you with the vital cocktail of ingredients your body needs.  It is the lazy person's way to fight cholesterol and triglycerides, no matter what your age, weight or lifestyle ...";

and in ad (b):

5.  SAMe: "... Clinical studies indicate that supplementation of SAMe is capable of improving the structure and function of joint cartilage.  SAMe has also been shown to increase cartilage formation ... SAMe is essential to the manufacture of important brain compounds such as neurotransmitters and phospholipids ... U.S. Government Study Concludes: SAMe Effective against Arthritis & Depression ...".

6.  Serrapeptase: "... It has been found that this enzyme can clear inflamed tissue, dead tissue, blood clots and cysts and reduces most inflammation ... Serrapeptase eases pain and swelling and protects the body from attack by the invading organisms and faulty cells that are the cause of the inflammatory response healing the damaged area of the body ...".

7.  Natural H.R.T: "... Diminish hot flushes, night sweats, mood swings, insomnia, and anxiety all in one product.  The Natural HRT formula will naturally balance your fluctuating hormone levels, as well as to offer needed support nutrients for ensuring proper skeletal support during the menopausal years ...".

The ASA challenged whether:

8.  the following claims in ads (a) and (b), in relation to Propause Progesterone Cream and HRT respectively, implied the products were safe or effective merely because they were natural and that they were safer than other hormone replacement therapies generally used:

"... This topical cream does NOT contain any synthetic estrogens or progestins which is important since recent studies have shown that NON-natural HRT containing synthetic hormones has been proven to contribute to breast cancer, strokes and more ..." and

"... manage your menopausal symptoms naturally and effectively without adding increased risks for serious disease associated with prescription hormone replacement therapy ...".

9.  the ads discouraged essential treatment by offering treatment for serious medical conditions without the supervision of a doctor or other suitably qualified health professional.

10.  the ads implied the supplements could prevent or treat illnesses, elevate mood or enhance normal performance.

CAP Code

Response

Life Healthcare did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Life Healthcare's 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 obligations under the Code and told them to respond promptly in future.

1-7.  Upheld

In the absence of any evidence to support any of the ads' efficacy claims for the listed products, we concluded that they remained unsubstantiated and could, therefore, mislead.

On these points, ads (a) and (b) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 and 50.7 (Health and beauty products and therapies - general).

8.  Upheld

We noted the claims made in relation to Propause Progesterone Cream and Natural HRT.  We considered that they implied not only that the products were safe and effective because of their natural ingredients but also that their non-natural counterparts could be harmful or increase risk of serious disease.  We referred to the CAP Code, which clarified that marketing communications should not suggest that any product was safe or effective merely because it was 'natural', or safer because it omitted an ingredient in common use, and concluded that the ads were in breach of the Code requirements.  

On this point, the ads breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) 50.1 and 50.5 (Health and beauty products and therapies - general).   

9.  Upheld

We noted the ads claims about several products in the brochure referred to the treatment of serious medical conditions such as arthritis, depression and high cholesterol.  For example, text relating to the product Cholesterol & Triglyceride stated "Lower your dangerous cholesterol count now! ... It is the lazy person's way to fight cholesterol and triglycerides, no matter what your age, weight or lifestyle ...".  We were concerned, therefore, that the brochures not only referred to the products' ability to treat serious medical conditions, but could also discourage essential treatment.  We referred to the CAP Code, which clarified that marketers should not discourage essential treatment or offer specific advice or treatment of serious or prolonged conditions unless it was conducted under the supervision of a doctor or other suitably qualified health professional.  We noted Life Healthcare had sent no evidence to show that treatment with the products was conducted under suitably qualified medical supervision and concluded that the catalogues failed to meet the requirements of the CAP Code in this regard.

On this point, the ads breached CAP Code 50.3 (Health and beauty products and therapies - general).

10.  Upheld

We noted claims in relation to some supplements in the brochures, for example Som-hGH; "The best overall health tonic & rejuvenator EVER!"; and SAMe; "Effective against Arthritis & Depression", implied those products effectively prevented or treated those conditions and had a rejuvenating effect on the body.  We noted the CAP Code clarified that a well-balanced diet should provide the vitamins and minerals needed each day by a normal, healthy individual and ads for vitamin or mineral supplements should not imply they could be used to prevent or treat illness, elevate mood or enhance normal performance.  In the absence of evidence to show that those effects were confirmed, we concluded that the claims exaggerated the effect likely to be realised by the intake of the food supplements listed.

On this point, the ads breached CAP Code clauses 50.20 and 50.21 (Vitamins, minerals and other food supplements).

Action

We told Life Healthcare not to repeat any claims of efficacy in future material and to advertise the products on an availability-only platform unless they could provide robust evidence for the claims being made.  In addition we told them to ensure that essential treatment was not discouraged, not to refer to serious or prolonged medical conditions in future ads for the products, not to suggest their products were safe or effective merely because they were natural or that they were generally safer because they omitted an ingredient in common use and not to imply their supplements could prevent or treat illnesses, elevate mood or enhance normal performance.  We advised them to seek guidance from the CAP Copy Advice team prior to issuing any further marketing.

We asked CAP to advise its members of the problem with Life Healthcare.

Adjudication of the ASA Council (Non-broadcast)