Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Horny Goat Weed is the generic or common name for a medicinal herb and CAP understand that marketers have previously claimed that the product is traditionally used as an aphrodisiac. Its botanical name is Epimedium sagittatum.
Claims that the herb might rectify flagging sexual function or help with erectile dysfunction are likely to be considered medicinal. Medicinal claims are those that suggest the product can treat or prevent a disease or restore, correct or modify physiological functions in human beings, as well as those that refer to interference with the normal operation of physiological function.
If the MHRA classes a product as medicinal, either by function or presentation, advertisers need to obtain a marketing authorisation from the MHRA before selling that product in the UK (Rule 12.11).
Marketers that are unsure should contact the Borderline Section at the MHRA or check on the Agency’s website at www.mhra.gov.uk under Borderline/How the MHRA determines whether a product is medicinal.
If a unlicensed product is named in such a way that it amounts to an implied claim, marketers should normally change the name of the product or to include a disclaimer explaining that the implied effect is unproven (see Claims in Names).
Marketers are, however, allowed to use the generic name but the MHRA has disapproved of the inclusion of a disclaimer along the lines of “This product is not a proven aphrodisiac”. CAP therefore advises marketers to include a less specific disclaimer that does not refer to sexual stamina or performance, for example “The efficacy of this product has not been proven” or “This product has not been proven to work”.