John Lewis Partnership plc 171 Victoria Street London SW1E 5NN Number of complaints: 2

Date: 28 May 2008 Media: Brochure Sector: Health and beauty

Ad
An ad in a sports goods catalogue for Trion:Z bracelets featured a picture of the bracelets being worn on the wrist of a man, who was gripping the handle of a sports racquet. Text at the side of the picture stated "Everyday, our bodies absorb positive ions from electronic equipment and cell phones. Stress and exposure to UV rays also elevates these positive ion levels, resulting in fatigue, lack of concentration, muscle and joint aches, and nausea. The minus-ion properties of Trion:Z bracelets work by counteracting the positive ions created by modern technology, daily stress, and physical activity (see diagram below). Worn everyday, Trion:Z bracelets create a boost in the body's magnetic field, resulting in greater health and wellbeing". Beneath the text was a diagram of the Trion:Z magnets.

Issue
Two complainants challenged whether the following statements were misleading and could be substantiated:

1. "Everyday, our bodies absorb more positive ions from electronic equipment and cell phones".

2. "Stress and exposure to UV rays also elevates these positive ion levels, resulting in fatigue, lack of concentration, muscle and joint aches, and nausea".

3. "The minus-ion properties of Trion:Z bracelets work by counteracting the positive ions created by modern technology, daily stress, and physical activity".

4. "Worn everyday, Trion:Z bracelets create a boost in the body's magnetic field, resulting in greater health and wellbeing".

The CAP Code:

3.1;50.1;7.1

Response
1., 2., 3. & 4. John Lewis Partnership plc (John Lewis) explained that they placed the ad using the text that had been provided by the suppliers of the Trion:Z bracelet, on the basis that their suppliers had a detailed understanding of how the product worked and its beneficial effects.

John Lewis said they believed the claims made in the ad could be substantiated by a number of scientific reports, studies and articles, which they submitted. They said that documentation supported the key principles that positive ions existed in higher concentrations in areas of pollution, or where electronic equipment was located; that high concentrations of positive ions deplete the concentration of negative ions, and that a depletion of negative ions could have adverse affects on health and well-being. John Lewis argued that by providing a source of negative ions, the Trion:Z bracelet counteracted high concentrations of positive ions, and that that confirmed the accuracy of the claims made in the ad.

John Lewis also submitted documents from Trion:Z's parent company in Japan, Arc Quest Co. Ltd (Arc Quest). They explained that Arc Quest exclusively produced bracelets, necklaces and bandages that used magnets and ion producing fabrics.

Assessment
1. & 2. Upheld
The ASA noted the documents submitted by John Lewis in support of the claims. We also noted that clause 50.1 of the CAP Code stated that "medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people". We considered that the claims made in the ad represented new, objective health claims that required a body of robust evidence, consisting of clinical trials conducted on people, to substantiate it.

We understood that some of the evidence presented in support of the claims consisted of anecdotal reports of the effect of positive and negative ions on an individual's well-being. We also understood that some of the documents consisted of review papers, journalism and information from the website of an ioniser manufacturer, which referred to other studies that assessed the effect of ions on the improvement of the performance of professional athletes, and the treatment of asthma and allergies. However, we had not seen the methodologies, full text or full results of the studies that were mentioned in those reports and articles.

We acknowledged that John Lewis had submitted copies of two scientific studies. We understood that one of those studies took place in 1932 and observed the effects of direct and indirect ion stimulation in the muscles of frogs. We understood that the second study from 2003 assessed the movement of ions through the air and into the human body via the lungs by means of a pipe model. We considered that those studies were not substantial enough to prove the claims that "our bodies absorbed more positive ions from electronic equipment and cell phones" and "stress and exposure to UV rays also elevates these positive ion levels, resulting in lack of concentration, muscle and joint aches, and nausea". Because we had not seen a robust body of evidence, consisting of trials conducted on people, that substantiated those claims, we concluded that the ad was misleading.

On this point the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies).

3. & 4. Upheld
We noted the documents submitted by John Lewis from Trion:Z and Arc Quest. We understood that the document from Trion:Z, titled "Proof it Works! Customer Survey Results", was a one-page presentation summary of the responses of 200 customers who had bought Trion:Z products within a nine-month period in 2007. Although we were not shown the full results of that survey, John Lewis did submit a description of the methodology of that consumer research. We understood that an e-mail containing details of the customer survey and prize draw was sent by Trion:Z to 700 customers who had brought products from their website during the period April to November 2007. We also understood that customers who responded to the e-mail were directed to a web page where they could fill in a form that asked them to confirm why they had purchased their Trion:Z product, how long they had been wearing that product  and how the product had benefitted them.

We noted that of the 350 customers who chose to respond to the survey, Trion:Z only processed for statistical purposes the first 200 responses they received, although it was not clear why they had not processed all of the responses. We considered that the survey related to Trion:Z products in general, and that it was unclear to what extent the reported results applied to the advertised bracelets, and to what extent they applied to other products such as magnetic necklaces. We also considered that the self-assessed consumer responses to the general question "How has it benefited you?", and the absence of any clinical trials relating to the product, meant that it was not possible to determine whether the perceived benefits of wearing the Trion:Z bracelet, reported in the Consumer Survey Results, could be objectively traced to the product or were the result of other factors, for example lifestyle. We therefore did not consider that the subjective impressions of the respondents alone were robust enough to substantiate the objective, universal claims made in the ad.

We noted that John Lewis had submitted a copy of a certificate from the Japanese Ministry of Health, Labour and Welfare, that stated that Arc Quest was a licensed manufacturer of medical devices. We understood that that certificate in itself did not prove the efficacy of the Trion:Z bracelets. We acknowledged that John Lewis had submitted a document from Arc Quest, which formed part of their application to the Japanese Ministry of Health, Labour and Welfare, and which described the principles and effects of magnetic treatment on the body. We noted that the document referred to studies carried out in the 1950s and 1970s on people suffering with stiff shoulders and back pain, as well as to other undated research, but we also noted that it did not provide details of the full results and methodologies of those studies. We understood that the Arc Quest application described the proposed benefits of magnetic treatment in contingent terms, through the use of phrases such as "expected", "theoretically" and "believed", and we further understood that the application concluded that it was difficult to objectively prove the effect of magnetic treatment on people. We considered that we had not seen robust evidence that showed that "the minus-ion properties of Trion:Z bracelets work by counteracting the positive ions created by modern technology, daily stress and physical activity", or that "worn everyday, Trion:Z bracelets create a boost in the body's magnetic field, resulting in greater health and wellbeing". We therefore concluded that the ad was misleading.

On this point the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies).

Action
We told John Lewis not to repeat the claims in future ads. We advised them to seek guidance from the CAP Copy Advice team when preparing future ads for Trion:Z products.

Adjudication of the ASA Council (Non-broadcast)