Background
Summary of Council decision:
Three issues were investigated, all were ‘Upheld’.
Ad description
A heating and plumbing trade magazine ad for a water conditioning product stated "Aquatiere has the soft touch No Scale plus Our water conditioner incorporating salt less water softening and whole house filtration. Antioxidant alkaline water for good health & well being. Great for eczema sufferers. Three stage filtration. Removes 99% of unwanted contaminants including chlorine, bacteria and heavy metals".
Issue
Calmag (Yorkshire) Ltd challenged whether the following claims were misleading and could be substantiated:
1. "Antioxidant water for good health & well being";
2. "Great for eczema sufferers"; and
3. "Removes 99% of unwanted contaminants including chlorine, bacteria and heavy metals".
Response
1.,2 & 3.
Aquatiere said that the water treatment units in question contained Ceramet, which killed bacteria including Staphylococcus aureus, which was known to cause eczema flare ups. They also said they used Granulated Activated Carbon and Calcium Sulphate which were known to remove chlorine. They said that some of their ceramic products also produced "anti-oxydent" alkaline water. They provided a brochure for water treatment units containing Ceramet, which stated that 'active' ceramics facilitated the oxidisation process which inhibited the reproduction of bacteria. The brochure also stated that "Super Water" products had the additional property of reducing bio-film growth, balancing the pH, which precipitated the coagulation of many of the dissolved metal species such as calcium, magnesium and manganese which inhibited the build up of limescale or the formation of rust.
Assessment
1., 2. & 3. Upheld
The ASA noted the evidence provided included the results of laboratory tests on the effect of "Ceramic Spheres" on various bacterial organisms including E. coli, Staphaureus and Salmonella and which reported a significant reduction and, in some instances, complete removal of those bacteria from between one and eight hours of exposure. However, the full trials were not supplied and it was therefore not possible to establish whether the "Ceramic Spheres" tested were identical to 'Ceramet', the active component within the advertised water conditioning product, or whether the tests replicated consumer use of the effects of the product on mains water. Furthermore, robust evidence was not submitted to demonstrate that the product was beneficial for eczema sufferers or "good health and well being" and did not supply evidence to demonstrate that the product removed 99% of chlorine and heavy metals. Because the claims had not been substantiated with robust evidence 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) 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 ad must not appear again in its current form. We told Aquatiere not to make efficacy claims for the product without holding robust evidence.
