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.
BREXIT - The CAP and BCAP Codes include many rules which seek to reflect significant pieces of EU law or UK law that has been made to implement EU law. As far as CAP is aware, the same rules and laws will apply on the day after exit as on the day before. This CAP News Article explains the position further.
Marketers are advised that claims such as “Increases metabolism”, “Relieve arthritic pain” or “Increase your testosterone” are likely to be viewed as medicinal. Advice should be sought from the Medicines and Healthcare products Regulatory Agency (MHRA) about such claims because the product could well need a marketing authorisation.
We have previously been informed by the MHRA that all products containing citrus aurantium, white willow bark, chromium picolinate, cyanotis vaga, tribulus terrestris and variations of androstenediol are medicinal. Marketers should contact the MHRA if their products contain any of those ingredients before selling the product or preparing marketing campaigns for it.
See also entry on ‘Medicinal Claims’.