Background
Summary of Council Decision:
Two issues were investigated both of which were Upheld.
Ad description
Claims on a website for a joint pain supplement seen in January 2012 stated "Finitro. Breakthrough in rheumatism, arthritis and other joint pains". Text under the heading "Finitro Forte Plus" stated "Breakthrough in the production, development and maintenance of cartilage in the neck, hands, and other joints: Finitro Forte Plus with collagen type II. Finitro Forte Plus is regarded as a means for maintaining supple joints". Further down the page, a list of efficacy claims stated "… keeps joints flexible, is good for strong bones, supports the lubrication of joints, helps in maintaining cartilage, for the production and development of cartilage, has a soothing effect". Claims under the headline "Why Finitro Forte Plus?" stated "Finitro Forte Plus is a food supplement that contains non-denatured collagen type II, alongside glucosamine and chondroitin. Collagen type II is the main component of cartilage. Finitro Forte Plus also contains MSM and herbs such as Harpagophytum, Boswellia, Phellodendron and Urtica diocia. These herbs provide a powerful anti-inflammatory effect, which makes most people with joint pain notice a significant improvement". Claims under the heading "Instructions for use" stated "The cures may not be used as a replacement for a varied and balanced nutrition".
Claims on the "Questions and Answers" section of the website, stated "2. Question: How long can Finitro Forte Plus Plus [sic] be used? Answer: In most cases Finitro Forte Plus Plus [sic] is used for the period of 3 months. After 3 months you can continue to use Finitro Forte Plus Plus [sic] as maintenance for a life free of pain ... 4. Question: Does Finitro Forte Plus have any other positive therapeutic effects? Answer: Yes. Among other things its anti-inflammatory effect helps to ease all types of pain. It also has a rejuvenating effect, strengthens bones and has a positive effect on the skin and blood vessels ... 12. Question: Does Finitro Forte Plus really alleviate all types of rheumatic pain? Answer: There are many different kinds of rheumatic disorders. The type II collagen in Finitro Forte Plus reduces the autoimmune response at the level of the Peyer's patches. This active immunosuppressive process is known as oral tolerance. In addition to this the MSM (an anti-inflammatory substance produced by the body) and anti-inflammatory herbs in Finitro Forte Plus will also help make you feel much better. 13. Question: Is Finitro Forte Plus effective in treating a combination of arthritis and fibromyalgia? Answer: The type II collagen in Finitro Forte Plus effectively relieves arthritis and muscle pain".
Issue
1. Two complainants challenged whether the efficacy claims for the product were misleading and could be substantiated.
2. The ASA challenged whether the claims that the product could treat arthritis discouraged essential treatment for a condition for which medical supervision should be sought.
Response
Finitro said they were unable to substantiate the claims because they were based on their own research which was confidential and could not be published.
Assessment
1. Upheld
We considered that claims such as "Breakthrough in rheumatism, arthritis and other joint pains", "Breakthrough in the production, development and maintenance of cartilage in the neck, hands, and other joints", "helps in maintaining cartilage, for the production of and development of cartilage, has a soothing effect" and "The type II collagen in Finitro Forte Plus effectively relieves arthritis and muscle pain" would need to be supported by robust, scientific evidence, such as clinical trials conducted on people, in order to substantiate them. Because we had not seen any such evidence, we concluded that the efficacy claims for the product had not been substantiated and were misleading.
On this point, claims on the website 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),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration),
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),
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.
and
15.7
15.7
Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register.
(Food supplements and other Vitamins and Minerals).
2. Upheld
We noted that the claims that Finitro Forte Plus could be used "as maintenance for a life free of pain" and "Finitro Forte Plus effectively relieves arthritis and muscle pain". We considered that arthritis was a condition for which medical supervision should be sought. We noted that the supplement could be ordered direct from the website and as the treatment would therefore not be conducted under medical supervision we considered the website discouraged essential treatment for that condition.
On this point, claims on the website breached CAP Code (Edition 12) rule
12.2
12.2
Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered (see rule
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.
).
Health professionals will be deemed suitably qualified only if they can provide suitable credentials, for example, evidence of: relevant professional expertise or qualifications; systems for regular review of members' skills and competencies and suitable professional indemnity insurance covering all services provided; accreditation by a professional or regulatory body that has systems for dealing with complaints and taking disciplinary action and has registration based on minimum standards for training and qualifications.
(Medicines, medical devices, health-related products and beauty products).
Action
The claims must not appear again in their current form. We told Finitro not to make unsubstantiated efficacy claims for the product or claim that taking Finitro would result in a life free of pain. We also told them to remove claims that Finitro could treat or cure arthritis.
CAP Code (Edition 12)
12.1 12.2 12.6 15.1 15.7 3.1 3.11 3.7
