Ad description
Claims for a supplement which appeared on finitro.co.uk on 8 June 2011 stated "Finitro Forte Plus. Breakthrough In the production, rebuildin [sic] and maintaining of cartilage and maintaining of flexible joints. Finitro Forte Plus amazing results in the treatment of arthritic, rheumatic and other joint pains. Finitro Forte Plus is regarded as the most effective cure world wide".
Further down the page, text under the headline "Why Finitro Forte Plus?" stated "At the moment Finitro Forte Plus is the most powerful remedy on the international market against rheumatic disorders and other chronic articulation pains. Finitro Forte Plus is the only cure that also contains non-denatured Collage Type II next to Glucosamin [sic] and Chondroitin. Of this type Collagen is known that for people with rheumatism the auto-immune reaction is slown [sic] down as a result of which the arthritis decreases strongly. Finitro Forte Plus also contains MSM and herbs like Harpagophytum, Boswellia, Philodendron and Urtica Dioica with a strong anti-inflammatory effect, as a result of which most people with articulation pains will see a clear improvement after only a few days".
Underneath the headline claim "Result of the independent researches [sic]" text stated "After 2 weeks you will experience less pain. After 4 weeks you will feel almost no pain in your joints. The cartilage begins to rebuild and you will see a slight improvement in joint greasing. After 8 weeks, the joint pain should disappear. The cartilage is rebuilt and there is more joint greasing. After 12 weeks, you not only have no more pain, but your joints should also move much smoother. The rebuilding of cartilage and joint greasing are currently optimal. After continuous use of Finitro Forte Plus, the recovery of the cartilage and a life free of pain are guaranteed".
The website provided instructions for use and stated "The cures may not be used as a replacement for a varied and balanced nutrition".
Issue
1. Two complaints challenged whether the efficacy claims to produce, rebuild or recover cartilage were misleading and could be substantiated.
The ASA challenged whether:
2. the claims that the product could cure arthritis and rheumatic disorders were misleading and could be substantiated;
3. those claims discouraged essential treatment for conditions which medical supervision should be sought; and
4. the claim "a life free of pain [is] guaranteed" was misleading and could be substantiated.
Response
Finitro did not respond to the ASA’s enquiries.
Assessment
Upheld
The ASA was concerned by Finitro’s lack of 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 respond promptly to our enquiries and told them to do so in future.
1. Upheld
We considered that claims such as "Finitro Forte Plus. Breakthrough In the production, rebuildin [sic] and maintaining of cartilage and maintaining of flexible joints”, “The cartilage [in your joints] begins to rebuild ...”, “The cartilage is rebuilt”, “The rebuilding of cartilage and joint greasing are currently optimal” and “After continuous use of Finitro Forte Plus, the recovery of the cartilage ... [is] guaranteed” were breakthrough claims and we expected Finitro to hold 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 those claims had not been substantiated and were misleading.
On this point, 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 considered claims such as “Finitro Forte Plus amazing results in the treatment of arthritic, rheumatic and other joint pains. Finitro Forte Plus is regarded as the most effective cure world wide [sic]” and “Finitro Forte Plus is the most powerful remedy on the international market against rheumatic disorders and other chronic articulation pains” implied that Finitro Forte Plus could help to treat and cure arthritis and rheumatic disorders. We again expected Finitro to hold robust scientific evidence that their product could treat and cure those conditions. Because we did not see any such evidence, we concluded that the claims were misleading.
On this point, 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),
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.
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).
3. Upheld
We noted that the claims stated that Finitro Forte Plus could cure arthritis and was a remedy for rheumatic disorders. We considered that arthritis and rheumatic disorders were conditions 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 those conditions.
On this point, 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).
4. Upheld
We considered that the claim “a life free of pain [is] guaranteed” was an absolute one and was capable of substantiation. We again expected Finitro to hold robust, scientific evidence that showed that taking Finitro meant consumers would never again experience pain associated with their arthritis and rheumatic disorder. Because we had not seen any such evidence, we concluded that the claim was misleading.
On this point, 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) 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.
(Medicines, medical devices, health related products and beauty products).
Action
The claims should not appear again in their current form. We told Finitro not to make efficacy claims that the product could produce, rebuild or recover cartilage or that taking Finitro guaranteed a life free of pain. We also told them to remove claims that Finitro could treat or cure arthritis or rheumatic disorders and to remove references to conditions for which medical supervision should be sought. We referred the matter to the CAP Compliance team.
CAP Code (Edition 12)
1.7 12.1 12.2 12.6 15.1 15.7 3.1 3.11 3.7
