Ad description

A national press ad, for laser hair therapy, viewed in May 2011. Text stated “HDC - The Art of Hair Restoration THE HDC LASER HAIR THERAPY PROGRAMME Balding, Receding or Thinning Hair Treatments, Therapy & Solutions. When using the HDC Laser Hair Therapy Programme these are some of the results you may notice: Excessive hair loss reduced. Fuller, softer thicker hair. Scalp irritations relieved. Greater hair strength and elasticity. Improved hair growth. Here at HDC we use a combination of the latest powerful laser therapy devices combined with topical treatments to help stop and even reverse hair loss in many patients. It works by using low level laser therapy that increases blood flow to the scalp and follicles encouraging hair growth. The unique laser light penetrates deep in to the scalp tissue where it stimulates the blood and lymph circulation at the hair roots causing hair to grow thicker, fuller and healthier”.

Issue

1. The complainant challenged whether the claim “It works by using low level laser therapy that increases blood flow to the scalp and follicles encouraging hair growth. The unique laser light penetrates deep in to the scalp tissue where it stimulates the blood and lymph circulation at the hair roots causing hair to grow thicker, fuller and healthier” was misleading and could be substantiated.

2. The ASA challenged whether the claims “When using the HDC Laser Hair Therapy Programme these are some of the results you may notice: Excessive hair loss reduced. Fuller, softer thicker hair. Scalp irritations relieved. Greater hair strength and elasticity. Improved hair growth” were misleading and could be substantiated.

Response

HDC Hair Design Clinic (HDC) stated that they did not intend for the ad to mislead. They believed that the Laser Treatment had been cleared by the American Food and Drug Administration (FDA) department. They provided the FDA report and stated that it showed that after 16 weeks of treatment, 88% of the subjects experienced an increase in hair count and that after 26 weeks of treatment, 95% of the subjects experienced significant increases in hair count. They also stated that most subjects reported improvement in their hair condition which included a reduction in shedding and improved fullness and thickness of their hair. However, they did not provide the full clinical trials upon which the report was based.

HDC also referred the ASA to several other summaries of the efficacy of the product. However, they did not provide the ASA with the full clinical trials upon which these summaries were based.

HDC further explained that prior to commencing the treatment all customers were given a consultation. They explained that during the consultation, customers were told that the results were not guaranteed.

Assessment

1. & 2. Upheld

The ASA acknowledged that HDC had provided reports on the efficacy of the product. However, we were concerned that they had not provided the ASA with the specific clinical evidence upon which those reports were based. Since we had not seen robust documentary evidence to substantiate the claims made in the ad, we concluded that the ad was 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),  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) and  12.23 12.23 Marketers must be able to provide scientific evidence, if relevant consisting of trials conducted on people, for any claim that their product or therapy can prevent baldness or slow it down, arrest or reverse hair loss, stimulate or improve hair growth, nourish hair roots, strengthen the hair or improve its health as distinct from its appearance.  (Hair and Scalp)

Action

The ad must not appear again in its current form. We told HDC to ensure that they held adequate substation to support all claims in future.

CAP Code (Edition 12)

12.1     12.23     3.1     3.11     3.7    


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