Ad description

A leaflet for massage therapy products offered a ‘neck traction’ device. Text next to an image of the device stated "Whiplash injuries, muscles spasms, nerve compression, herniated discs, fibromyalgia, radiculopathy, spondylosis, narrowing foramen, neck support, neck problems".

Issue

The complainant challenged whether the implied claim, that the product could be used to treat the listed conditions, could be substantiated.

Response

Acumag Ltd did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Acumag Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule  1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code.  (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

We noted the ad listed conditions underneath the heading "Neck Traction" and featured an image of a women apparently wearing the neck traction device. We considered that the ad implied the device was capable of treating the listed conditions. Because we had not seen any evidence to support this we concluded that the implied claims were unsubstantiated and therefore misleading.

The ad breached CAP Code (Edition 12) rules  1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code.  (Unreasonable delay),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) and  12.1 12.1 Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
 (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form.

CAP Code (Edition 12)

1.7     12.1     3.1     3.7    


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