Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad description

The website, www.water-for-health.co.uk, contained various claims for food supplements and alkaline water. Another link, "Clean Chlorella" stated "Chlorella … Detoxifies and helps purify the body". The ad also stated "Chia Seeds … Stabilize blood sugar … Enable detoxification". Under the heading "Organic Flax Seed Oil" the ad stated "This will help … Maintain your cardiovascular health". The ad also stated "Brocco forte can help you to to [sic] … combat allergens, remove toxins". The ad went on to state "The phytonutrients in organic prunes are also thought to help neutralize many of the harmful oxygen free radicals implicated in the development of … Cardiovascular disease". Under the heading "Maximized Turmeric Curcuminoids", the ad stated "Curcuminoids have historically and traditionally been used to protect against liver disease and jaundice, digestive disorders, urinary disorders … and to aid in … arthritic and allergic reactions. Curcuminoids will [give] the body additional antioxidant protection".

Under the heading "Alkaline Nutrition" the ad stated "Alkaline nutrition has tremendous therapeutic power and is also vitally important to support your body if you are undergoing conventional medical treatment".

Issue

The Nightingale Collaboration challenged whether the claims for:

1. the food and food supplements complied with the Code; and

2. alkaline water also complied with the Code.

Response

Water for Health Ltd said that although they disagreed with the issues raised they had revised their advertising.

Assessment

1. Upheld

The ASA noted that under EC Regulation 1924/2006 on Nutrition and Health Claims made on Foods (the Regulation), which was reflected in the CAP Code, only health claims that appeared on the list of authorised health claims (the EU Register) could be made in ads promoting foods and that marketers must also ensure that they met the conditions of use associated with the claims in question. Health claims were defined as those that stated, suggested or implied a relationship between a food, or ingredient, and health.

The Regulation stated that references to general benefits of a nutrient or food for overall good health or health-related well-being were acceptable only if accompanied by a specific authorised health claim. Although some claims had been revised, we considered that they retained their original meaning. For example but not limited to, the revisions to the claims for “Maximized Turmeric Curcuminoids”, “Clean Chlorella” and “Brocco Forte”, which we considered were likely to be understood as general health claims, were not sufficient to alter their original impression.

We also considered that in the context of the ad, which included no reference to specific types of detoxification, "enable detoxification" for Chia Seeds, "Detoxifies and helps purify the body" for Clean Chlorella and "remove toxins" for Brocco Forte were likely to be understood to be general health claims. We noted that they were not accompanied by a related specific authorised health claim and were therefore not acceptable.

We also considered the claims for the effects for several of Water for Health's products, such as Maximized Turmeric Curcuminoids provided "antioxidant protection" and that Chia seeds could "Stabilize blood sugar". Because the claims referred to specific functions on the body, we considered that they would be understood to be health claims. However, Water for Health did not provide evidence that they were authorised on the EU Register as was required.

The Regulation defined reduction of disease risk claims as those that stated, suggested or implied that the consumption of a food or one of its constituents significantly reduced a risk factor in the development of a human disease. In the context of the claim to reduce a risk factor in the development of cardiovascular disease, we considered that the reference that organic prunes could "help neutralize many of the harmful oxygen free radicals implicated in the development of … cardiovascular disease" would therefore be seen as a reduction of disease risk claim. Water for Health did not provide evidence that that claim was authorised on the EU Register.

The Regulation prohibited claims that stated or implied a food prevented, treated or cured human disease. We considered claims such as those that, Organic Flax Seed Oil could "Maintain your cardiovascular health", Brocco Forte could help "combat allergens" and that Maximised Turmeric Curcuminoids could "protect against liver disease and jaundice, digestive disorders, urinary disorders … and to aid in … arthritic and allergic reactions" were claims that the foods prevented, treated or cured human disease, which were prohibited.

Because the ad made general health claims which were not accompanied by a related specific authorised health claim, and included specific health claims, and a reduction of disease risk claim, for which evidence had not been provided that they were authorised on the EU Register, and because it included prohibited claims that the advertised foods could prevent, treat or cure human disease, we concluded that it breached the Code.

On this point the ad 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 EU Register. Claims must be presented clearly and without exaggeration.    15.1.1 15.1.1 Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.
   15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim.  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 by the European Commission  (Food, food supplements and associated health or nutritional claims).

2. Upheld

Although Water for Health had told us that their ad had been revised, claims for "Alkaline Nutrition" continued to make the same claim that it "has tremendous therapeutic power and is also vitally important to support your body if you are undergoing conventional medical treatment". We considered in the context of the claims for the product's purported benefits for the body, the reference to alkaline nutrition's "tremendous therapeutic power" and that it was "vitally important to support your body" were likely to be understood as general health claims, which we noted were not accompanied with a related specific authorised health claim as required by the Regulation. Because these general health claims were not accompanied by a related specific authorised claim, we concluded the ad breached the Code.

On this point the ad breached CAP Code (Edition 12) rule  15.2 15.2 References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim.  (Food, food supplements and associated health or nutritional claims).

Action

The ad must not appear again in its current form. We told Water for Health Ltd to ensure they did not make general health claims that were not accompanied by a relevant authorised health claim, or to include specific health claims or reduction of disease risk claims that were not authorised on the EU Register, or to make claims for food to prevent, treat or cure human disease.

CAP Code (Edition 12)

15.1     15.1.1     15.2     15.6.2    


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