Ad description
Claims in an e-mail and on a website for complementary and alternative therapies and devices, for a product called Liquid Oxygen Drops:
a. The e-mail stated "Liquid Oxygen is credited with a multitude of significant health benefits from healthy energy to immunity and disease prevention to better sleep at night. This formula is designed to improve immune systems, fight bacteria and disease, and provide healthy natural energy. Increases oxygen uptake at the cellular level. Dramatically boosts energy levels. Strengthens the immune system. Quickly heightens concentration and alertness. Has a calming effect on the nervous system. Rapidly kills infectious bacteria, viruses, fungi, and parasites without harming beneficial microorganisms needed by the body. Greatly enhances uptake of vitamins, minerals, amino acids, proteins, and other essential nutrients, from either natural food sources or from dietary supplements. Gives the body the added oxygen it needs to oxidize and eliminate built-up toxins and poisons in the cells, tissues and bloodstream. Promotes up to 50% faster recovery from injury, stress or strenuous exercise. Aids tremendously in the treatment of respiratory and allergy related conditions such as asthma, sinus and upper respiratory infection. For further information see our website."
b. The website, www.electronichealing.co.uk , included the same claims, as well as further information on the benefits of oxygen, and stated "Also, a chronically acidic system-practically a ‘given’ for most people in today's society-also causes the body to draw down its precious oxygen reserves. Doctors believe this often leads to a vicious cycle of toxin accumulation and oxygen depletion which eventually results in serious illness and disease".
Issue
The complainant challenged whether the efficacy claims for the product could be substantiated.
Response
Electronic Healing did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Electronic Healing'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 we told them to do so in future.
Because we had not seen any evidence that the product worked on the body in the way described, or that the product could be credited with a multitude of significant health benefits, we concluded the claims were misleading.
The ads 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 ads must no longer appear. We told Electronic Healing not to make claims for which they did not hold robust substantiation. We referred the matter to CAP's Compliance team.
