Increased demand and pressure on the NHS means that people concerned about ADHD might be looking elsewhere for diagnosis, help or even treatment. The ASA has very high standards for evidence for proving claims related to health, but even if you hold rigorous evidence, the Code limits what you can say around health conditions
Make sure you understand the rules and read our guidance before you mention ADHD in your advertising.
Food supplements
The ASA has considered several complaints about ads for food supplements claiming to help those with ADHD.
Any claims which state or imply a food can prevent, treat or cure human disease are not acceptable in marketing communications for foods or food supplements. Even though ADHD is not usually referred to as a disease, the ASA is clear that that definition would apply here, meaning that claims that offer to “help with ADHD”, “support people with ADHD” or “reduce the symptoms of ADHD risk breaching the Code. The ASA recognises that references to such conditions as ‘diseases’ could be considered offensive to some, but the CAP Code reflects the language used in the legislation it’s based on.
Claims that a product was for children with autism or autism spectrum disorder (ASD) and that it would help with symptoms commonly associated with that condition were found to breach this rule. The ASA ruled that they were claims to treat or cure human disease. Some claims go even further than that and breach the Code because they imply the advertised product has medicinal properties. Such claims may only be made for a medicinal product that is authorised by the MHRA.
Any health claims (claims which state, suggest or imply a relationship between a food or ingredient, and health) can only be used in ads for food supplements if they are authorised on the applicable register.
Suggesting that your food supplement might have a similar effect to prescribed medications is also a no-no and ads that discourage people from taking these medicines are likely to be considered irresponsible.
Behaviour programs / apps
Apps or behaviour programmes that claim to help people ‘manage’ their ADHD can be just as problematic. Medical claims that consumers would understand to mean that a behaviour programme or app could diagnose ADHD were unacceptable because the product advertised was not registered as a medical device with the MHRA. The ASA considers ADHD to be a serious condition, meaning that ads should not offer advice, diagnosis or treatment for it, unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified medical professional.
Clothing
Even an ad for clothing that made claims to treat and manage adverse symptoms of ADHD was found to breach the Code because those were medical claims that meant the product needed to be registered with the MHRA.
Need more advice?
For free, bespoke advice on your non-broadcast advertising you can contact the Copy Advice team. We also offer Advice:am seminars and eLearning modules on some of the topics addressed above.
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