Background

Summary of Council decision:

Six issues were investigated, all of which were 'Upheld'.

On 14 June 2012, the Commission Regulation (EU) No 432/21012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's health, came into force. Unauthorised claims would be subject to a six-month period of grace until 14 December 2012. The complaints below were considered as they appeared on 12 December 2012 under the then current rules on health and nutritional claims for foods.

Ad description

A number of product listings, all appearing under "Health Products" on www.phhealth.co.uk.

a. The listing for MM S2 (calcium hypochlorite) stated "Anecdotal evidence suggests there are numerous benefits to using MMS2 capsules (Calcium Hypochlorite powder) but please be aware that we only suggest our products for the purpose of water purification, although there are many other purposed benefits".

b. The listing for "Alkazone pH drops. pH Drops" stated the following benefit in bullet point form: "Raises the pH of your body, increasing energy levels. Flushes acidic wastes. Increases oxygen throughout your body. Improves blood condition. Increases hydration". Further text stated "Alkazone is unique in having five different types of potassium and NO sodium unlike other pH drops on the market. By law, all water only has to be a minimum of pH 6.5; that's 5 times more acidic than natural pH 7. Carry this handy bottle to alkalise your drinking water." There was a pack shot of the product which featured the claim "MAXIMISE YOUR IMMUNE SYSTEM."

Further down the page, claims stated "We guarantee you will feel great after taking this fast type of alkalising product. Increase energy levels. Digest and absorb higher amount of the food you eat. Neutralise acid levels slowing down the signs of ageing..."

c. A listing for MSM Sulphur included a list of bullet points which stated "Supports the immune system. Strengthens hair, nails, muscles, bones, joints. MMS Sulphur is vital in the formation of keratin, elastin and collagen, slowing down the affect [sic] of aging. MSM Sulphur is the fourth most prevalent material in your body. Can relieve hot flushes in menopause". Text then stated "Few people eat enough raw sulphur containing foods (vegetables) on a daily basis. MSM Sulphur Crystals will act as your replacement to ensure your body is obtaining the correct levels of sulphur it needs".

Immediately beneath, further claims stated "MSM Sulphur Crystals: MSM Sulphur Crystals are vital in the formation of keratin, elastin and collagen, which give flexibility tone and strength to : - muscles, bones, joints, internal membranes, skin, hair and nails. MSM Sulphur is taken as a dietary supplement".

d. The listing for "Virus Zapper" stated "Becks Zapper plus Colloidal Silver Maker" and stated "Benefits of using a Zapper: any pathogens in the blood, germs, bacteria, fungus and viruses slow down the immune system making you more susceptible to illness and disease. The Zapper kills pathogens dead. In 1991 Studies at the Albert Einstein School of Medicine in New York have shown micro currents (50 - 100 microamps) put through flowing blood is proven to eliminate all infections and help restore damaged immune systems. How it works: the zapper puts micro currents into your body at the ankle area. When the blood passes this point the current isolates all micro organisms into "electrically charged bubbles" which are easily targeted by the white blood cells. Live blood cell analysis also indicates electrification may stimulate the immune system".

Under the heading "How to make colloidal silver", claims stated "The Zapper is a dual purpose machine, enabling you to kill pathogens in your blood and make colloidal silver. Colloidal Silver kills all single cell organisms, so even MRSA and C Diff are vulnerable. It is the universal natural anti-biotic. Making colloidal silver is very easy ... Just add the 2 silver strips to the electrodes place in water and turn on the zapper, a current will pass through them and tiny particles of silver are released from the strips. When ingested these particles starve the pathergens [sic] from [sic] oxygen, but do not effect [affect] our cells and they breath [sic] from the inside not outside like the pathogen's [sic]."

e. Claims for their Colloidal Silver product stated "... Colloidal silver is very fine particles of silver in distilled water. Safe to drink as the human body is not affected as our cells have a plasma membrane and each of our 75 trillion cells breath [sic] from the inside. How does it work? Pathogens, germs, bacteria, fungus, viruses are all made up cells too [sic] but breath [sic] from the outside of the cell, so when colloidal silver smothers the pathogen it suffocates and dies."

Under the heading "What can colloidal silver be used for?", the following uses were given "Sinus infection, acne, asthma, athlete's foot, candida albicans and Yeasts, Cold Sores & Herpes simplex, mouth sores, dandruff, ear aches, food poisoning, fungus infections of the feet, inflammation of the joints, insect bites, laryngitis, mastitis, nappy and other rashes, ulcers, skin, sore throat, sunburn, teeth, tooth decay, tooth abscess, vaginal yeast infection, urinary tract infection". Further text stated "Colloidal silver is an effective anti-microbial agent but it is not a panacea. Self-medication should never be used as a substitute for the care and expertise of a professional health care provider".

f. The listing for liquid chlorophyll included a list of bullet points which stated "Supports circulatory health ... Promotes natural blood-cleansing functions of the body. Promotes strong immune response. Supports intestinal health. Strengthens cells. Deodorises the body, including the bowel. It's also alkalising".

Issue

The complainant challenged whether the following claims were misleading and could be substantiated:

1. "... there are numerous benefits ..." and "... other purported benefits ..." in ad (a);

2. "pH Drops raise[...] the pH of your body ..." in ad (b);

3. "Few people eat enough raw sulphur-containing foods" in ad (c);

4. "The Zapper kills pathogens dead" in ad (d);

5. "[Colloidal silver is] Safe to drink " in ad (e); and

6. The efficacy claims for liquid chlorophyll in ad (f).

Response

PH Health did not respond to the ASA's enquiries.

Assessment

The ASA was concerned by PH Health'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

The ASA noted the listing stated MMS2 should be used for water purification, although it also had other purported and numerous benefits. We considered its inclusion on the "Health Products" section of the website implied that those other benefits were ones relating to a beneficial effect on health. In the absence of evidence to show that was the case, we concluded the claims "Anecdotal evidence suggests there are numerous benefits to using MMS2 capsules" and "... there are many other purposed benefits" had not been substantiated and were misleading.

The claims breached CAP Code (Edition 12) rules  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),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  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).

2. Upheld

We considered the claim "pH Drops raise ... the pH of your body ..." was an objective claim capable of substantiation. The claim implied that should consumers ingest the drops, it would have the effect of increasing the pH level of the body. We had not seen any evidence that pH Drops had that effect and therefore, we concluded the claim had not been substantiated and was misleading.

The claim breached CAP Code (Edition 12) rules  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),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  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. Upheld

We considered the claim "Few people eat enough raw sulphur-containing foods" was an objective one for which we expected PH Health to hold evidence. We had not seen any evidence to support PH Health's claim and for that reason, we concluded the claim had not been substantiated and was misleading.

The claim breached CAP Code (Edition 12) rules  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),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  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).

4. Upheld

We considered the Virus Zapper was a medical device and therefore, we understood it was required to be registered as such. We had not seen any evidence from PH Health that the Virus Zapper had been registered or any evidence to support the efficacy claim "The Zapper kills pathogens dead". In the absence of such evidence, we concluded the claim had not been substantiated and was misleading.

The claim breached CAP Code (Edition 12) rules  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),  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).

5. Upheld

The claim "[colloidal silver] is safe to drink" was an objective one which was capable of substantiation. PH Health did not provide any evidence which demonstrated that when ingested, consumers suffered no detrimental effects as a result. In the absence of evidence to show that the concentration as sold by PH Health was safe to drink, we concluded the claim had not been substantiated and was misleading.

The claim breached CAP Code (Edition 12) rules  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),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  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).

6. Upheld

We considered the claims "Supports circulatory health", "Promotes natural blood-cleansing functions of the body", "Promotes strong immune response", "Supports intestinal health", "Strengthens cells", "Deodorises the body, including the bowel" and "It's also alkalising" were objective health claims. We therefore expected PH Health to hold evidence in the form of robust, appropriately blinded and controlled clinical trials carried out on humans to support those claims. We had not seen any such evidence and for that reason, we concluded the efficacy claims for liquid chlorophyll had not been substantiated and were misleading.

The claims breached CAP Code (Edition 12) rules  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),  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  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).

Action

The claims must not appear again in their current form. We told PH Health not to repeat those claims unless they held evidence to substantiate them.

CAP Code (Edition 12)

1.7     12.1     3.1     3.7    


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