Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A leaflet for an arthritis patch. Text stated, "YOU CAN CURE YOUR ARTHRITIS USING NEW TECHNOLOGY NOW! ... JOINTEASE PATCH IS A TECHNICALLY ADVANCED UNIQUE FORMULATION AND THE PROVEN HEALING SOLUTION FOR: Joint Pain - Tenderness and Stiffness in The Joints - Cartilage Degeneration - Swelling of The Joints - Loss of Flexibilty or Mobility - Inflammation ... ".
Text on a page titled "JOINTEASE PATCH The Proven Healing Solution!" stated, " ... the most comprehensive formulation of 7 most powerful active ingredients to produce the most outstanding results in the fight against joint pain and inflammation, immobility, cartilage regeneration, joint rehabilitation and the other effects of Arthritis".
Text on another page stated, "In recent Clinical Trials JointEase Patch was shown to be fast acting, reliable and effective ... its powerful natural ingredients ... (all of which have been shown in trials to be even more effective than prescription drugs for treating Arthritis)".
On a page titled "SOME COMMONLY ASKED QUESTIONS", text stated, "How long will it take to start feeling the benefit of JointEase Patches? ... different people take varying amounts of time before they start to see tangible results, with many seeing good results in just 1-2 weeks; whereas it can take others a little longer who have a more acute or severe condition". Text on the same page stated, "Do JointEase Patches provide benefits aside from its arthritis relief? Yes JointEase Patches are not only an extremely effective product for Arthritis sufferers reducing pain and inflammation, tenderness and stiffness in the joint, preventing future arthritis problems and greatly enhancing mobility and performance; but in addition to this, they also help people to balance and maintain healthy lifestyle [sic], as well as helping the body overcome stress and fatigue".
Issue
The complainant challenged whether:
1. the efficacy claims for the patch were misleading and could be substantiated; and
2. the ad discouraged essential treatment for a condition for which medical supervision should be sought.
Response
Nature's Range Ltd did not respond to the ASA's enquiries.
Assessment
1. & 2. Upheld
The ASA was concerned by Natures' Range's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
We noted that the ad made references to arthritis, which was a medical condition for which treatment should be conducted under the supervision of a suitably qualified health professional, which would not be the case with a mail order patch. We therefore considered that the ad could discourage consumers from seeking essential treatment for their arthritis, and concluded that it breached the Code.
The ad also made efficacy claims not related to arthritis, such as that the product could help the body to "overcome stress and fatigue". We noted that Nature's Range had not provided any evidence to substantiate those claims, and therefore 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), 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.
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.
and
12.6
12.6
Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Nature's Range Ltd not to make efficacy claims unless they held documentary evidence to substantiate them, or to discourage essential treatment for conditions for which medical supervision should be sought. We referred the matter to CAP's Compliance team.
