Ad description
A website and Instagram post for CocoWhite.
a. A web page for CocoWhite oil, www.cocowhite.com, featured a page headed "About CocoWhite" that stated "… a 100% natural alternative to the chemical fuelled teeth whitening craze. What does CocoWhite do? The health benefits of coconut oil are endless and we could go really scientific on you but instead, here is a quick insight into what CocoWhite will help with: Brighter, whiter teeth". The page also featured the statement "RESULTS FROM INSTAGRAM" above a series of images depicting sets of teeth before and after 14 or 28 days of use.
b. An image on Elliott Wright's Instagram feed showed Mr Wright holding the product and was captioned "Loving how much whiter my teeth have become since using @CocowhiteUK #WhiteSmile #HealthyGums".
Issue
Two complainants challenged whether the claims that the product could whiten teeth were misleading and could be substantiated.
Response
CocoWhite Ltd provided details of a trial conducted in May 2015, during which 102 participants, who used the product as instructed for two weeks, gave feedback on their perception of the whiteness of their teeth after use, as well as other aspects of the product such as taste and price. They said that 55.88% of participants agreed or strongly agreed that they felt the product had made their teeth whiter.
Assessment
Upheld
The ASA considered that the statements in the ads would be understood by consumers as objective claims that the product could whiten teeth, and that this would also be implied by the before and after images in ad (a). Therefore, the advertisers should hold robust substantiation in support of the whitening statements. We noted that the trial provided by CocoWhite post-dated the ads seen by the complainants and was therefore insufficient to support the claims as they appeared at that time. Notwithstanding the above, we also noted that the trial performed was a consumer perception test and that the conclusions were based on agreement with the phrase "I feel the product has made my teeth whiter", which was not adequate support for an objective claim that the product whitened teeth. Moreover, although the feedback forms completed by participants included a whiteness scale shade card, we understood that no qualified, blinded and objective evaluation had been undertaken with regard to the whiteness of the participants' teeth before and after the treatment. We therefore considered that, even had the trial been conducted before the claims in the ads were made, it would have been insufficiently robust to support them. We therefore concluded that the ads breached the Code.
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 not appear again in their current form. We told CocoWhite Ltd not to state or imply that their products could whiten teeth unless they held robust, documentary evidence to substantiate the claims.
