Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
An email from Agora Health Ltd, seen on 19 November 2015, included unique links to online articles, which appeared to be related to the website www.thehealthierlife.co.uk. They included a large range of claims about the benefits of Natural Joint Defence, a supplement product.
a. The first article included the claims “It helps to rebuild damaged cartilage while enhancing the lubricating qualities of synovial fluid” and “… another recent international clinical study from 2015 found that the combined pain-relieving effects of chondroitin sulphate and glucosamine were comparable to those obtained with anti-inflammatory drugs … but with NO dangerous side effects!”.
b. The second article included the claim “this pain-relieving combination is effective for almost 80% of osteoarthritis sufferers”.
Issue
The complainant challenged whether the following claims complied with the Code:
1. “it helps to rebuild damaged cartilage while enhancing the lubricating qualities of synovial fluid” in ad (a);
2. “… another recent international clinical study from 2015 found that the combined pain-relieving effects of chondroitin sulphate and glucosamine were comparable to those obtained with anti-inflammatory drugs … but with NO dangerous side effects!”, also in ad (a); and
3. “this pain-relieving combination is effective for almost 80% of osteoarthritis sufferers” in ad (b).
Response
1., 2. & 3. Agora Health Ltd said Natural Joint Defence contained glucosamine sulphate and chondroitin sulphate. They submitted studies and cited their findings. Agora Health considered the studies supported the claims and that they were compliant with the Code.
Assessment
1., 2. & 3. Upheld
The ASA noted that claims that stated or implied a food could prevent, treat or cure human disease were prohibited for foods (which included food supplements).
We considered the claim “this pain-relieving combination is effective for almost 80% of osteoarthritis sufferers”, in ad (b), was a claim to treat osteoarthritis. Similarly, we considered “… another recent international clinical study from 2015 found that the combined pain-relieving effects of chondroitin sulphate and glucosamine were comparable to those obtained with anti-inflammatory drugs … but with NO dangerous side effects!” was likely to be understood as a claim to treat conditions that required anti-inflammatory medication. However, in the context of ad (a), which made various references to osteoarthritis and those who suffered from it, that it could also specifically treat osteoarthritis.
We considered ad (a) appeared to be primarily targeted at those who already had osteoarthritis, or at least had ongoing symptoms associated with it, for example, because it stated “… make joint pain a distant memory”, “… the power to make you feel like your joints have been transformed”, “… potentially even halt osteoarthritis in its tracks” and “… potent formulation of 4 scientifically-proven osteoarthritis-fighting ‘weapons’”, among a wide range of other similar claims. In that context, we also considered the claim “it helps to rebuild damaged cartilage while enhancing the lubricating qualities of synovial fluid” was a claim to treat, and/or prevent the development of, osteoarthritis.
Because the ads made claims to prevent, treat or cure human disease, but such claims were prohibited for foods, including food supplements, we concluded that they breached the Code.
The ads breached CAP Code (Edition 12) rule 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 nutrition claims).
Action
The ads must not appear again in their current form. We told Agora Health Ltd not to make claims to prevent, treat or cure human disease for foods in future.
