A recent ASA ruling has highlighted an often overlooked Code rule. The voice of an expert is a powerful tool in advertising, but did you realise that the Code prohibits endorsements by health professionals in many ads?
Qualified to practise, not to endorse
Ads for foods or food supplements must not make health claims that refer to the recommendation of an individual health professional (15.6.3). A social media post for coffee made claims that the product could have a beneficial effect on general health and promote longevity. It included specific health claims about antioxidants and polyphenols and also said the advertiser’s operation was “overseen by Dr Rupy […] our Director and Chief Science Officer” The ASA considered that consumers would view Dr Rupy's role and involvement in product development as an endorsement of the coffee. It ruled that, because the ad linked health claims for food to the recommendation of an individual health professional, it breached the CAP Code.
First, do no harm... to the CAP Code
A similar rule applies to ads for medicines 12.18 Marketers must not use health professionals or celebrities to endorse medicines. The ASA is likely to consider any reference to a medical professional, or quotes from them to be an endorsement of a medicine.
A dose of compliance
Remember, not all health professionals are doctors; these rules apply equally to any health professional, and ASA rulings include references to dental professionals. And a doctor does not need to be named for the rule to apply. General claims like ‘doctor formulated’, ‘doctor approved’ and ‘doctors now agree’ have been found to breach this rule because references to doctors collectively would be understood by consumers as referring to the recommendation of more than one health professional, and would therefore have a similar effect as an endorsement by a named professional.
The rules are pretty straightforward: don’t use health professionals in ads for foods if you’re making health claims and don’t feature them in your medicines ads. If you need any additional guidance, get in touch with the copy advice team.
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