ASA Adjudication on JML Direct Ltd

Ad

In December 2007, the Monitoring team contacted JML Direct Ltd with concerns about an advertisement, for the Fresh Air Globe, that claimed that the product could clean the air. We consulted an expert, who advised that the claims had not been substantiated and JML Direct Ltd agreed to withdraw the advertisement. In November 2008, the Monitoring team noted JML Direct Ltd was broadcasting a revised ad for the Fresh Air Globe that made these claims: A female presenter stated “Research has shown that every day the average American inhales an amazing ten milligrams of dust, allergens and other harmful particulates … isn’t that scary?” A male presenter retorted that “Even in the cleanest homes, there are things lurking you can’t even see! ... pollen, animal dander, germs and bacteria. Well your lungs don’t have to take in all that dirty, polluted, indoor air any longer … the Fresh Air Globe - the ingenious, all-natural, air-cleaning breakthrough that uses ordinary water in its hydro ionic purification technology … makes the air feel crisp, clean and fresh just like after a thunderstorm.” A voice-over stated “At last you can stop masking odours with chemical-based sprays and plug-ins that don’t work. Now you don’t have to spend money on air purifiers that rely on filters. Finally you can stop the sneezing and breathe easy again with the Fresh Air Globe, Mother Nature’s secret for clean, safe, fresh air!” The female presenter said it was a “three-pronged attack on indoor air pollution drawing on Mother Nature and the amazing cleansing power of water to make you breathe pure, safe and fresh air and, best of all, it’s H.I.P.” The male presenter asked “Did you know the EPA has warned that the air inside our homes is up to five times more polluted than the air we breathe outside?” The female presented added “It’s scary, we know. Millions and millions of microscopic particles like this … mould spores, pet dander, pollen, dust mite, allergens … you name it … are all floating in the air and hiding in your carpet, drapes and furniture.” The male presenter said “but look what happens when you add water ... you trap those indoor pollutants … wet dirt and contaminants just can’t circulate! ... that’s exactly what the Fresh Air Globe does”. He explained “In stage one, the dirty air in your room is drawn into the intake vent of the Fresh Air Globe”. An on-screen graphic showed an arrow indicating the movement of air into the globe. “A powerful impeller fan forces the air toward the surface water and then the process called hydro-purification begins.” The next shot featured water being swirled around the globe. On-screen text appeared next to the globe stating “microscopic dust particles”, “pet dander”, and “mould spores”. An arrow depicted the air being sucked into the globe. “The centrifugal force caused by the moving water accelerates the cleansing action …. Then, in stage two, this fresh air is ionised. What this means is that the emitted air is charged with negative ions that capture the remaining dust, pollutants and allergy-causing particles that are floating all around you and eliminates them from the air.” An on-screen graphic demonstrated that by blue bubbles being released from the globe into the air and neutralising the grey bubbles. The female presenter stated “If you want to protect yourself and your family from contagious air-borne bacteria and if you want an air purifier that you can depend to work 24/7 for years to come … then the Fresh Air Globe is for you.” A family was shown sitting round a table; the globe was positioned near them. The voice-over stated “The Fresh Air Globe helps rid your kitchen air of irritating cooking smells … It can remove embarrassing pet odours.” The ad featured someone frying fish with the globe nearby followed by a shot of a cat getting out of a litter tray. The voice-over continued “Look what happened when the Fresh Air Globe was placed in an air-tight chamber filled with cigarette smoke.” The ad featured the globe in a transparent container filled with smoke. It showed the smoke being blown around the small container. The voice-over stated “Plus, as a thank you for ordering from JML Direct Ltd, you’ll receive this all-natural aromatherapy kit absolutely free. Choose the soothing scent of lavender to help you enjoy deep sleep, the eucalyptus essence is an immune booster with unique anti-bacterial properties to ward off colds and viruses.” A woman said “It’s helped my son with his allergies and it’s helped me feel more comfortable.” Another woman exclaimed “my daughter Penelope used to get sick a lot, get colds more than the average child did, but not any more.” Another man said “you add regular tap water, you plug it in and it starts cleaning the air, the bacteria, the chemicals, the pet dander, cigar smoke, cigarette smoke. If you’ve got a chef in the family that loves to fry or cook, this thing removes the smell out of the air in seconds.” The female presenter stated “Unfortunately, lurking in the air all around your bed are literally thousands of microscopic dust-mite particles that can trigger allergies.” A shot of a bed was followed by a close-up of a dust mite. “They can negatively affect your breathing while you sleep and drain your energy level throughout the day. The Fresh Air Globe’s hydro-ionic purification can give you overnight protection from these bothersome dust-mite allergens.” The ad showed a woman placing the globe next to her bed and going to sleep. A woman stated “We have two young kids and the house is always locked up and you worry about the carpet smells and the odours and the things that are bad for them. So with the globe we leave it on 24 hours a day and the air is cleaner, the room smells cleaner, the kids sleep better.” Another testimonial stated “Wow! I am really living in a polluted space and I am thankful and I am grateful that I am not actually taking this in and I am not actually breathing this anymore. This unit is taking those pollutants out of the air and I am actually getting some fresh air.”

Issue

Monitoring staff challenged whether evidence substantiated the claim that the Fresh Air Globe would:

1. remove mould spores, pet dander, cooking smells, pet odours, cigarette smoke, pollen, dust mites, allergens and contagious air-borne bacteria from the air.

2. reduce bacteria, viruses, dust and other airborne contaminants, boost immunity, ward off colds and other viruses and help allergy sufferers.

BCAP TV Code

Response

1. & 2.  JML Direct withdrew the advertisement during our investigation.  JML Direct Ltd submitted five reports and tests.  A report entitled Air Quality Assessment referred to a product called the Kitz Air Revitalisor, which, according to JML Direct Ltd, was a product very similar to the Fresh Air Globe, except that the product tested did not contain an ioniser.  The report explained that the Kitz Air Revitalisor used a scrubbing effect, which allowed botanical elements in the solution to neutralise odour, bacteria, fungi and other air contaminants.  The report measured 13 different air quality variables over a one-hour period with and without the use of the Kitz Air Revitalisor.  The variables measured were carbon monoxide, carbon dioxide, particulates, ozone, formaldehyde, bacteria, fungi, nicotine, acetone, odour, temperature, humidity and air velocity.  The study concluded that most of the results showed significant improvements to indoor air quality.  

A Draft Report from the Toxicology Group Ltd entitled "Evaluation of Natural Antimicrobials to EPA DIS-TSS 1 Requirements" evaluated a natural agent (Goodaire Eucalyptus) for its anti-microbial potential against these organisms: Escherichia coli, Staphylococcus aureus, Salmonella choleraesuis and Aspergillus flavus.  A 1/50 and 1/100 dilution of eucalyptus was evaluated against each organism at multiple intervals over a four-hour period.  The draft report concluded that both the 1/50 and 1/100 dilutions of eucalyptus were moderately effective against the Salmonella choleraesuis and Escherichia coli but no significant reductions in Aspergilluis flavus and Staphylococcus aureus.

An untitled report compared the efficacy of the Fresh Air Globe with that of an older version.  The report concluded that the new version processed air 66% faster than the old one, the strength of the ionizer was 14 times stronger and it took only 35 seconds for the new Globe to clear all the smoke inside a box measuring 24.1 x 24.1 x 25 cm whereas the older one took 58 seconds.

JML Direct Ltd also submitted a certificate from Shenzen Sunyou Appliances Ltd on the ionisation component of the product; the certificate displayed the voltage of the product and its power input and output.

JML Direct Ltd also submitted information, from a website called envirohealthtech.com, which included excerpts from various studies on ionisation and its positive effect on health in improving asthma, reducing bacteria, counteracting the effects of smoking, preventing migraine headaches and promoting better sleep.

JML Direct Ltd believed the evidence substantiated the claim that the product cleaned the air and could get rid of odours, pollutants, smoke and allergens, reduce bacteria, viruses dust and other airborne contaminants and boost immunity from colds and other bacteria.

Assessment

1.  Upheld

The ASA consulted an expert, who stated that the Air Quality Assessment test was inadequately designed to provide convincing substantiation for the efficacy of the product because the test had not accounted for air mixing and the degree to which measured changes depended on the distance between the device and the point of measurement.  Because those aspects of the experimental environment were not described, it was impossible to properly assess the data and accept the report findings.  Furthermore, we noted the measured variables measured were carbon monoxide, carbon dioxide, particulates, ozone, formaldehyde, bacteria, fungi, nicotine, acetone and odour whereas the ad claimed the Fresh Air Globe would remove odours, pollutants, pollen, allergens, pet smells, smoke and food smells and reduce bacteria, viruses, dust and other airborne contaminants.

We considered that the report that assessed the bactericidal and fungicidal efficacy of Goodaire Eucalyptus was compromised because JML Direct Ltd had not demonstrated that the Goodaire Eucalyptus essence was the same as the eucalyptus essence sold by JML Direct Ltd.  We noted the report assessed the efficacy of the Goodaire Eucalyptus by spraying a slide with the bacteria and then spraying it with the Goodaire Eucalyptus and noting how effective it was at neutralising the bacteria.  We considered that using that test to substantiate the eucalyptus waters efficacy at neutralising bacteria in the air was flawed.  Furthermore, the report did not assess how eucalyptus could boost immunity to colds and other bacteria.

We also noted the untitled report merely compared the new Kitz Air Revitalisors efficacy at cleaning smoke from the air with an older version.  We considered that that evidence was irrelevant because it was a comparison between the products, not proof of the efficacy of either.  Furthermore, we noted the tests had used a box measuring 24.1 x 24.1x 25 cm.  We considered that the box was far too small to be used as evidence for the efficacy of the Kitz Air Revitalisor in a room in an average sized house.

We noted the website report about the benefits of ionisation mainly consisted of references to a book entitled "The Ion Effect" by Fred Soyka.  We noted that the report asserted various health benefits from the use of negative ion generators or ionic air cleaners but those assertions were largely anecdotal.  Our expert commented that ionisation benefit claims generally related to high-voltage electrostatic devices, which produced ionisation by an effect known as corona discharge. He explained that the Fresh Air Globe did not seem to be a high-voltage electrostatic device.  He concluded that Fresh Air Globe seemed likely to have only weak ionising properties and that, the evidence of the benefits of ionisation, cited in its support, were not relevant.

We considered that the ad implied the Fresh Air Globe would remove mould spores, pet dander, cooking smells, pet odours, cigarette smoke, pollen, dust mites, allergens and contagious air-borne bacteria from the air.  We concluded that the evidence did not support the claimed efficacy of the product.  We consider that the claims were misleading.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).

2. Upheld

We considered that the ad claimed the eucalyptus essence from the Globe would boost peoples immunity from colds and viruses and help allergy sufferers.  We concluded that, in the absence of a rigorous placebo-controlled clinical study on humans, the evidence supplied by JML Direct Ltd did not substantiate the claims.   

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).

Action

The ad must not appear again in its current form. We told JML Direct not to make efficacy claims for the product without adequate substantiation.

Adjudication of the ASA Council (Broadcast)