Ad description
The @IonicFraser Twitter feed included the claim "Ionic wristbands are scientifically proven to improve balance, strength, flexibility and endurance!".
Issue
The complainant challenged whether the claim was misleading and could be substantiated.
Response
Ionic Balance said the claim was placed by an affiliate, who had been instructed not to use claims that were not vetted by them. They said the claim had been removed.
Assessment
Upheld
The ASA acknowledged that Ionic Balance had amended the advertising. We noted, however, that we had not seen evidence to support the claim that the product was "scientifically proven to improve balance, strength, flexibility and endurance!". In the absence of substantiation, we concluded that the ad was misleading.
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),
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 and beauty products).
Action
The ad must not appear again in its current form. We told Ionic Balance to ensure they were in a position to substantiate their objective claims in future.
