Ad description
A website on 15 June, for vitamins, minerals and supplements.
A page, headed "Pregnancy BOOST Effervescent", stated "Sugar-free effervescent tablet with Folic Acid & Iron formulated to give women that much needed boost before and during pregnancy. This great tasting, orange flavoured, formula boosts the body's energy levels and immune system when it's needed the most ".
A page, headed "Vitality Boost Effervescent", stated "Has been specially formulated with essential vitamins to give an all round vitality boost. Vital multivitamins within this great tasting product promote, healthy growth and maintenance of bones and teeth, a healthy heart, circulatory system and helps boost the immune system".
A page, headed "Vitarenew Skincare", stated "Formulated with the latest key ingredient Collagen to help maintain the skins firmness and suppleness. The appearance of ageing skin and fine lines start to show when collagen starts to deplete in our skin. Vitarenew™ Skin Care supplement has been specially formulated to promote clear, youthful skin and taken daily can help to revitalise, improve the quality of the skin and reduce visible signs of ageing ...".
Issue
A complainant challenged whether the claims for:
1. Pregnancy Boost;
2. Vitality Boost; and
3. Vitarenew Skincare
were misleading and could be substantiated.
4. The ASA challenged whether the ads for Pregnancy Boost and Vitality Boost made unauthorised medical claims.
Response
1. Principle Healthcare provided two scientific opinions from the European Food Safety Authority (EFSA) on folic acid to substantiate the claim. They said the opinions supported claims that the product contributed to the normal function of the immune system and reduced tiredness and fatigue.
2. Principle Healthcare provided scientific opinions from EFSA for folic acid, vitamin B1 and vitamin B12. They said the folic acid opinions supported claims for normal function of the immune system and the reduction of tiredness and fatigue, while the vitamin B1 and B12 opinions supported claims for energy yielding metabolism.
3. Principle Healthcare said they had removed the product from their website because it had not been launched yet. They did not provide substantiation for the claims in the ad.
4. Principle Healthcare said their website was built before the extension of the ASA’s remit to marketer’s own websites and before the EU health claims directive that governed the claims permitted on vitamins. They said the EFSA had just released their final batch of opinions and they would be undertaking a full review of their products and ads to ensure they complied with the new EU legislation that would apply to claims for their products.
Assessment
1. Upheld
The ASA noted the claim for Pregnancy Boost in the ad stated “boosts the body’s energy levels and immune system when it’s needed the most” and noted we had not received evidence to support the extent of the claims made. We therefore considered the claims had not been substantiated and concluded the claims were misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration. 15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim. (Food, food supplements and associated health and nutrition claims, and 15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register. (Food supplements and other vitamins and minerals).
2. Upheld
We noted the claims for Vitality Boost in the ad stated “give an all round vitality boost” and “helps boost the immune system” and noted we had not received evidence to support a claim of that strength. We therefore considered the claims had not been substantiated and concluded the claims were misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration. 15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim. (Food, food supplements and associated health and nutrition claims, and 15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register. (Food supplements and other vitamins and minerals).
3. Upheld
We welcomed Principle Healthcare’s removal of the product from the website. However, we noted we had not received substantiation for the claims in the ad and therefore concluded the claim “specially formulated to promote clear, youthful skin and taken daily can help to revitalise, improve the quality of the skin and reduce the visible signs or ageing” in the Vitarenew Skincare ad” had not been substantiated and was misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration. 15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim. (Food, food supplements and associated health and nutrition claims, and 15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register. (Food supplements and other vitamins and minerals).
4. Upheld
We considered the claims that Pregnancy Boost and Vitality Boost could boost the immune system implied physiological results and were therefore medicinal. For that reason we concluded the ad breached the Code.
On this point the ad breached CAP Code (Edition 12) rule
12.11
12.11
Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2.
Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Principle Healthcare not to use the word “boost” in their ads or claim their products could “boost” energy levels and the immune system. We advised them not to claim that Vitarenew Skincare could “promote clear, youthful skin”, or “help to revitalise, improve the quality of the skin and reduce visible signs of ageing”.
