Background

Summary of Council decision:

Three issues were investigated, all of which were Upheld.

Ad description

Claims on www.dumbellfit.co.uk, promoting the No Problem Ion Balance wristband, stated "NEGATIVE IONS - TITANIUM BRACELET ... Improved Health ... Increased Energy". Text further down the page stated "This Ion bracelet will help you maintain balance and energy throughout the day. Many athletes use this product while playing, but it is also used quite commonly by every-day people ... The closer the Negative Ion Technology is to you, the better. This technology can have a direct positive impact on your daily activities", "Specially provide to our customers as following [sic]: ... - Aged or sick persons" and "Help Utilize Oxygen - Speeds the delivery of oxygen in the bloodstream Boost Immune System - Helps to focus our bodys [sic] immune systems Oxidation of Serotonin - Speeds the process to help relieve pain and mood effects".

Issue

The complainant challenged whether the following claims were misleading and could be substantiated:

1. "The closer the Negative Ion Technology is to you, the better. This technology can have a direct positive impact on your daily activities";

2. "Specially provide to our customers as following: ... - Aged or sick persons"; and

3. "Help Utilize Oxygen - Speeds the delivery of oxygen in the bloodstream Boost Immune System - Helps to focus our bodys [sic] immune systems Oxidation of Serotonin - Speeds the process to help relieve pain and mood effects".

Response

1., 2. & 3.

Dumbbellfit.co.uk did not respond to the ASA's enquiries.

Assessment

1., 2. & 3. Upheld

The ASA was concerned by dumbbellfit.co.uk's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code clause  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 provide a substantive response to our enquiries and told them to do so in future.

We noted that dumbbellfit.co.uk had not provided evidence to support the efficacy claims in the ad. We therefore considered that the claims had not been substantiated, and concluded that the ad was 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.
 and  12.7 12.7 References to the relief of symptoms or the superficial signs of ageing are acceptable if they can be substantiated. Unqualified claims such as "cure" and "rejuvenation" are not generally acceptable, especially for cosmetic products.  (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.

CAP Code (Edition 12)

1.7     12.1     12.7     3.1     3.7    


More on