Ad description

A TV ad, for Dettol cleaning products, included a voice-over that stated, "Dettol knows you work hard to keep your family healthy, especially during cold and flu season." On-screen text stated "Swine Flu (H1N1). For use on hard nonporous surfaces …". The voice-over continued "That's why we make Dettol surface cleanser and Dettol cleansing surface wipes. Dettol helps kill the flu virus and 99.9 per cent of bacteria. Helping keep your home happier and healthier. Dettol, join our mission for health …"

Issue

A viewer challenged whether the claim "Dettol helps kill the flu virus" was misleading and could be substantiated.

Response

Reckitt Benckiser Healthcare (UK) Ltd (Reckitt Benckiser) said the ad specifically promoted two products: Dettol Surface Cleanser and Dettol Surface Wipes. Both products used benzalkonium chloride, which was highly effective in small concentrations, as the active substance to provide antimicrobial action. They said data was provided to Clearcast to demonstrate its efficacy against a range of bacteria and against avian flu (influenza type A H1N1) and swine flu (H1N1 influenza virus). Reckitt Benckiser said the ad did not claim that Dettol could kill the flu virus generally, but while different strains of the virus could develop, it was not the case that other strains would not be killed by the products.

They said all influenza viruses were enveloped viruses that were easy to inactivate or "kill", due to lipid in the outer layer envelope. Products such as Dettol that contained ingredients that attacked the lipid envelope would destroy it, leading to inactivation of the virus. Certain types of microbes were more easily destroyed than others and enveloped viruses were amongst the most sensitive and therefore the easiest to inactivate. They submitted information on the biology of influenza viruses and a hierarchy of the sensitivity of organisms to antimicrobial materials. Reckitt Benckiser said they knew, based on the common physical structure of all influenza viruses, that products effective against the influenza A virus would also be effective against all other influenza viruses.

They said the US Environment Protection Agency's (EPA) website stated that "currently registered influenza A virus products will be effective against the 2009-H1N1 flu strain and other influenza A virus strains on hard, non-porous surfaces". Reckitt Benckiser said the on-screen text specifically referred to H1N1, because it was a prevailing concern for consumers and the claim for which data was submitted. However, they were confident that the products would be effective against all known influenza virus strains. They said that, unlike in the case of human vaccination, in which vaccination would be effective only against specific or very similar strains of a virus, the view of government agencies and experts was that all strains of flu microbes could be killed on hard surfaces. They also submitted test data on the capability of the surface spray and wipes in relation to avian flu and swine flu.

Clearcast endorsed Reckitt Benckiser's response. Their understanding was that the product had been tested against all current forms of the flu virus. They accepted that, because the virus mutated, it was not possible to test against new strains, but only the most recent form. They understood "Swine Flu (H1N1)" to be the most recent strain and said the on-screen text clarified the nature of the claim. They believed the ad was not misleading.

Assessment

Not upheld

The ASA noted the ad claimed that Dettol helped kill the flu virus and considered viewers were likely to understand the claim as a general one, which suggested that the products would kill the various strains of the influenza virus. Although we also noted the on-screen text "Swine Flu (H1N1)" appeared, and was intended to clarify the claim, we considered that contradicted the impression given by the main claim; that the products would help kill the flu virus generally.

We took expert advice on the evidence submitted by Reckitt Benckiser. The expert's view was that the test methods and results showed that the advertised products killed influenza viruses, including the swine flu virus. He said the evidence indicated that the surface spray and wipes had activity against avian and swine strains of the influenza virus. He also said the structure of influenza strains of different origins was very similar and therefore their susceptibility to inactivation by such chemical disinfectants would be practically identical. The expert said influenza viruses would not mutate to become resistant to chemical disinfectants whereas the action of therapeutic antiviral agents could be affected in that way.

Notwithstanding our concern about the on-screen text, we therefore understood that the advertised products could help kill the flu virus generally. We therefore considered the claim had been substantiated and concluded that the ad was not misleading.

We investigated the ad under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  and  3.2 3.2 Advertisements must not mislead consumers by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
 (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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),  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification) and  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration) but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.10     3.12     3.2     3.9    


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