Ad description
A website for air freshener Neutradol www.neutradol.com/about-neutradol.html. Text in the section titled "About Neutradol" stated, "Neutradol does not just mask unwanted smells like ordinary air fresheners ... Its formula, high technology/performance led, contains over 50 ingredients and their complex combination breaks down the bad odour molecules and eliminates them. Neutradol is hygienic, non-toxic and is safe for use in the home and office".
Issue
The complainant challenged whether the claims that Neutradol was "non-toxic" and "safe for use in the home and office" were misleading and could be substantiated, because they understood that certain ingredients in the product had workplace exposure limits or were classified as a health or environmental hazard.
Response
MS George Ltd provided us with Safety Data Sheets (SDS) for butane, isopropanol (also known as propan-2-ol) and the Neutradol Original Room Spray in their response. They stated that they had always used independent registered toxicologists for advice and generation of SDS for their products.
MS George explained that an SDS provided all the information that was required to certify the safety of the product. They said that the content of the SDS was determined under the REACH Regulation (Regulation (EC) No 1907/2006) and the classification methods used were set out in the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC).
MS George stated that butane was classified as "Highly flammable" as long as it did not contain the carcinogenic contaminant, butadiene, and that the material used in Neutradol aerosols was supplied by Shell and was certified as butadiene free. MS George stated that butane was a widely used aerosol propellant gas and did not present a risk to health when used as intended.
MS George further stated that the fact that there was a workplace exposure limit for butane did not have any bearing on aerosol use and exposure and that all aerosols containing petroleum gases carried warnings about flammability. They said that the workplace exposure limits were set to control exposure in the workplace and were related to the production of atmospheres that might either be explosive or where the presence of the gas reduced the oxygen concentration to such an extent that an anoxic environment could occur. MS George said that neither of these environments applied to either domestic or office situations.
They stated that propan-2-ol was classified as "Highly flammable", "Irritating to eyes" and "Vapours may cause drowsiness and dizziness" under the Dangerous Preparations Directive 1999/45/EC. However, they asserted that the concentration of isopropanol in Neutradol was 5% and that the concentration at which the classification of irritant would apply was 20%. MS George said that isopropanol, as with all alcohols, was irritating to the eye as a 100% neat substance, because it removed water from cells and in particular, the membranes of the eye. They further stated that when isopropanol was diluted, water would not be removed and the irritation would not occur; it would be as irritating as a glass of beer containing 5% ethanol to the eye, in other words, not irritating at all.
They acknowledged that all aerosols could be considered a health risk due to the physiochemical properties of the compressed gasses and solvents they contained and this applied to products such as hair sprays and underarm deodorants, as well as to Neutradol. However, MS George asserted that the use of aerosol products did not pose a risk to health when used as intended and in a domestic and office environment. They asserted that there was no risk to health from either butane or the 5% propan-2-ol as a solvent which would be rapidly lost in the atmosphere by evaporation..
Assessment
Not Upheld
The ASA understood that the classification of chemical substances and mixtures was governed by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (CHIP) and the classification of chemical mixtures would be governed by the European Regulation (EC) No 1272/2008 (CLP) from 1 June 2015. We also understood that the two ingredients in question, butane and propan-2-ol, had harmonised classifications and that these classifications were legally binding upon suppliers of chemical mixtures.
We noted that the SDS for Neutradol aerosol room spray stated that butane was classified as "F+; R12 - Extremely Flammable" and isopropanol was classified as "F; R11 - Highly Flammable", "Xi - Irritant", "R36 - Irritating to Eyes" and "R67 - Vapours may cause drowsiness and dizziness". We also noted that isopropanol was present in the product at a concentration well below the level at which it would be an irritant. Although we had not seen specific toxicology assessments to demonstrate that the product was "non-toxic", we noted that under the CLP, both isopropanol and butane were not classified as "toxic". As such, we considered that claim "non-toxic" had been substantiated and therefore was not misleading.
We noted that the section detailing toxicological information in SDS for Neutradol room spray stated that the product contained "material which causes damage to the following organs: the nervous system, upper respiratory tract, skin, central nervous system (CNS), lens or cornea". However, the SDS further listed the signs or symptoms in the event of over-exposure. It stated that adverse symptoms for over-exposure through inhalation might include respiratory tract irritation or coughing and symptoms for over-exposure to eyes might include irritation and redness. The SDS also stated that the product had "no known significant effects or critical hazards" in relation to its potential acute effects on health.
We noted MS George's position that the product would be safe for use in domestic and office environments if consumers used the product as intended. We considered that the consumers would not interpret the claim "safe for use in the home and office" to mean that the products would not cause any harm even in the event of misuse. In additional, we noted that the precautionary statements in the SDS, such as "Do not breathe spray" and "If swallowed, seek medical advice immediately and show this container or label", would also be clearly stated on the packaging of the products as a requirement by law. In light of this, we considered that the claim did not imply that consumers should not read the product instructions to determine appropriate usage. We considered the average consumer would be aware that due care would need to be exercised when using products of a similar nature. Therefore, we concluded that the claim "safe for use in the home and office" was not misleading.
The ad was investigated under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(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
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and was not found to be in breach.
Action
No further action necessary.
