Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
Four ads in a content discovery network, which appeared in news articles on local news websites seen in May 2022. The ads stated:
a. "Optometrists Amazed: New Discovery Improves Your Vision Naturally. COMPLETE VISION”. The ad had an image of an eye with a clear circle, similar to a lens, over the top of the eye.
b. "Doctor Reveals: A Simple Trick For Prostate Problems. Prostate Help”. The ad had an image of an older man.
c. "This Is How Britons Lose Weight That Fast. Support My Weight”. The ad had an image of a bowl of powder and a spoon with powder in it.
d. "Urologist: Enlarged Prostate? Do This Immediately (Genius!) Prostate Revelation”. The ad had an image of a healthy prostate alongside and image of an enlarged prostate.
Issue
The ASA challenged whether the following implied health claims complied with the Code, in ads:
1. (a) that the product improved vision;
2. (b) that the product could help with prostate problems; and
3. (c) that the product could help lose people weight.
4. A member of the public, challenged whether the claim in ad (d) that the product could help with prostate problems complied with the Code.
Response
2M Media SAS t/a Biolifix did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Biolifix’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rules 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that claims which stated or implied a food prevented, treated or cured human disease were not acceptable in marketing communications for foods or food supplement products but reduction-of disease-risk claims were acceptable if authorised on the applicable register. In addition, marketing communications that contained nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the applicable register.
We understood that the claim, "Optometrists Amazed: New Discovery Improves Your Vision Naturally” could either be interpreted as a claim to prevent, treat or cure human disease or as a specific health claim for the product. Because Biolifix had not provided evidence to show the claim was either a reduction of disease-risk claim or a specific health claim on an applicable register the claim breached the Code.
2. Upheld
We understood the claim, "Doctor Reveals: A Simple Trick For Prostate Problems” to be a claim to prevent, treat or cure human disease. Because Biolifix had not provided evidence to show the claim was a reduction of disease-risk claim on an applicable register, the claim breached the Code.
3. Upheld
We understood the claim, "This Is How Britons Lose Weight That Fast” was a specific health claim for the product. Because Biolifix had not provided evidence to show the claim was authorised on an applicable register, the claim breached the Code.
4. Upheld
We understood the claim, “Enlarged Prostate? Do This Immediately (Genius!)” to be a claim to prevent, treat or cure human disease. Because Biolifix had not provided evidence to show the claim was a reduction of disease-risk claim on an applicable register, the claim breached the Code.
The ads breached CAP Code (Edition 12) rules
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the applicable register. Claims must be presented clearly and without exaggeration.
15.1.1
15.1.1
Only nutrition claims listed in the applicable register may be used in marketing communications.
Only health claims listed as authorised in the applicable register, or claims that would have the same meaning to the consumer, may be used in marketing communications.
and
15.6.2
15.6.2
Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised on the applicable register.
(Food, food supplements and associated health or nutrition claims) and
15.7
15.7
Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the applicable register.
(Food supplements and other vitamins and minerals).
Action
The ads must not appear again in their current form. We told 2M Media SAS t/a Biolifix that their advertising must not make claims to prevent, treat or cure human disease or make specific health claims for their products without evidence to show they were authorised on an applicable register. We referred the matter to the CAP compliance team.
