Ad description
Claims on the "Hairloss range" section of the website, which promoted natural haircare products, stated "Natur Vital Has developed a range of natural option [sic] for treating Hair Loss, one of the most worrying problems for both men and women alike. Each product contains ‘specific plant extracts’ for treating the special problems of each type of hair or scalp conditions [sic]. Plant extracts such as Aloe vera or Hops extract [sic], helping to keep the scalp in good condition and improve the hydration and flexibility of Hair." The page provided a link to details of a "Hairloss Efficiency Study" and various Natur Vital product ranges. Text on the page for "Hairloss Shampoos" stated "Frequent use Shampoo, prevents hair loss according to the specific needs of every hair type ..."; the page for "Hairloss Conditioners" stated "Our range of hair loss conditioners and Mask helps prevent Hair Loss by nourishing the hair bulb, while at the same time improving the appearence [sic] of the hair"; and the page for "Hairloss Treatments" stated "Our range of Treatments are effective in slowing down hair loss and regenerating new hair growth. Natur Vital range of treatments have proven to be 83% effective in reduceing [sic] Hair Loss, in clinical trials hair regrowth was improved for 96% of the participants with an average hair regeneration of 34% over 6 months".
Issue
Trichocare Trichology challenged whether the claims for preventing and treating hair loss were misleading and could be substantiated, because they understood that the Natur Vital products did not contain any licensed treatments for hair loss.
Response
Natur Vital Distributors Ltd, t/a NaturesWell, (NaturesWell) said all the natural active ingredients contained in the Natur Vital Formula had been proven to be beneficial to the hair and scalp. They explained that they had nevertheless considered it necessary to test them together, under actual usage conditions, in a controlled study which used scientific methodology. They submitted a copy of the study, which had been carried out using the Natur Vital products Hair Loss Shampoo and Hair Loss Treatment Tonic, as well as a number of other documents and articles relating to hair loss. NaturesWell said they were the only company selling hair loss products that published an independent report verifying the efficacy of their hair loss product range on their website.
NaturesWell stressed that they did not claim their products could be effective in growing hair on a person who was completely bald, but that the study they had conducted proved that someone using the Natur Vital programme could both slow down the rate of their hair loss and encourage new growth, by acting on the scalp and hair bulb to encourage stronger and healthier hair.
NaturesWell stated that products containing licensed treatments for hair loss were not suitable for everybody as they could cause scalp irritation, and that in addition the effects would disappear after the treatment was ceased. They said they took a more long-term and natural approach to the problem of hair loss by ensuring their products promoted both better retention of existing hair and new hair growth.
Assessment
Upheld
The ASA considered that hair loss was a medical condition. We acknowledged that NaturesWell did not state that their products would be effective in regrowing hair on people who were completely bald, but noted that they did claim the products could "treat", "prevent", "slow down" and "reduce" hair loss, as well as "regenerate" hair. We considered that all of those claims, as well as the use of the term "Hairloss" in the product names, implied that the products would have a medicinal effect in preventing or treating that condition. We understood that the products in the Natur Vital "hair loss" range did not contain any ingredients that were licensed treatments for hair loss and we therefore considered that they needed to provide robust substantiation in support of the claims made.
The study provided had been conducted on 25 people, both men and women, aged between 20 and 60 years, who had used the Natur Vital Hair Loss Shampoo daily and the Natur Vital Hair Loss Treatment Tonic every other day. Periodically throughout the six-month trial, tests were conducted to assess the condition and density of the participants' hair. Those tests were: general and microcamera photographs of the scalp, to examine the volume of hair on the head as well as the density; a trichogram, whereby a number of hairs were pulled out and examined to establish their condition; and pull and wash tests, whereby the number of hairs lost during combing and washing were counted.
We noted that the study had used a sample group of only 25 people, and no information was provided as to how they had been selected. Although the tests were also performed on the participants before the commencement of treatment with the Natur Vital products, there was no control group and, consequently, no randomisation or blinding. The results were not reported in a comprehensive way; for example, in some cases comparative photographs of the scalp and hair pre- and during treatment were provided for a selection of participants only, and it was not clear how many hairs had been examined during the trichogram tests. In addition, the trial related to only two products in the Natur Vital range, but the claims on the website had been used across the product range. Because of the methodology and small sample size, we considered that the trial could not show whether either, or both, of the Natur Vital products tested were effective in preventing or treating hair loss, and was not sufficiently comprehensive to allow for claims relating to other products in the Natur Vital range.
The additional documents provided by NaturesWell included a brief report on a second trial which used a combination of the Natur Vital Hair Loss Serum and Hair Loss Shampoo products. On that occasion 40 men aged between 30 and 55 years, all of whom were described as suffering from excessive hair loss, applied the serum daily and washed their hair with the shampoo every other day for a period of three months. The participants collected the hairs lost during washing and those hairs were counted and compared to the results of pre-trial tests. No control group, randomisation or blinding were used. With respect to that study, we considered that it was not sufficiently comprehensive or robust in terms of sample size, methodology or reporting of results to draw definite conclusions as to the efficacy of the products used.
With the exception of a sales brochure entitled "HAIR LOSS PROGRAMME", which gave information about hair loss in general and quoted the results of the first trial, the rest of the documentation submitted by NaturesWell consisted of various studies examining the possible causes of hair loss and effects of other forms of treatment and did not relate directly to the efficacy of the Natur Vital range or similar products.
Because we considered that the claims in the ad to prevent and treat hair loss had not been adequately substantiated, we concluded that they were 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),
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) and
12.23
12.23
Marketers must be able to provide scientific evidence, if relevant consisting of trials conducted on people, for any claim that their product or therapy can prevent baldness or slow it down, arrest or reverse hair loss, stimulate or improve hair growth, nourish hair roots, strengthen the hair or improve its health as distinct from its appearance.
(Hair and scalp).
Action
The ad must not appear again in its current form. We told Natur Vital Distributors Ltd not to claim that their products could prevent, treat, slow down or reduce hair loss or regenerate hair unless they held robust documentary evidence to support those claims.
