Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A press ad, seen in November 2022, featured an image of the ASEA REDOX Cell Signalling Supplement bottle underneath text that stated “‘Asea is a key part of detox protocol from Graphene Oxide and shedding’”.
Around the image of the bottle text stated “Triggers genetic expression: Improves Immune system function Regulates Inflammatory response Improves cardiovascular health Promotes gut health & enzyme production Restores hormonal balance”, “Supports the vital activity of cellular communication”, “Protects against free radical damage”, “100% kill in under 30 seconds for all tested bacteria and viruses (over 30 resistant strains)”, “Proven to be completely safe, zero toxicity”, “Boosts antioxidant efficiency by 500-800% in just 72 hours”, “Improves athletic performance”, “Increases endurance Increases power output Increases VO2 Max Speeds recovery Increases circulation to an area by 50% in just 15 minutes Positive shifts in up to 43 metabolites Increases burn of fat fuels by up to 33%”, “Completely native to the body”, and “Supported by research and clinical trials. Thousands of testimonials worldwide”.
Beneath the bottle there was additional text stating “There are 37 patents on this technology and the testimonials can be found here https://realredoxresults.com/ password is redox”.
Issue
The complainant challenged whether the following breached the Code:
1. the specific health claims, which must be authorised on the Great Britain nutrition and health claims register;
2. the general health claims which must be accompanied by a health claim authorised on the GB Register; and
3. the claims to prevent, treat or cure human disease.
Response
1., 2. & 3. ASEA LLC t/a ASEA Redox said they marketed their products through a network of independent distributors, and they believed that one of their distributors was the source of the ad. It was not approved to be used in the UK, and it would have been flagged by their compliance department if they had seen it. They said they would take steps to prevent it being used again.
Assessment
1. Upheld
The CAP Code required that only health claims authorised on the Great Britain nutrition and health claims register (the GB Register) were permitted in marketing communications for foods. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food, drink or ingredient and health.
The ad included the claims “Triggers genetic expression: Improves Immune system function […] Promotes […] enzyme production Restores hormonal balance”; “Supports the vital activity of cellular communication”; “Protects against free radical damage”; “Boosts antioxidant efficiency by 500-800% in just 72 hours”; “Improves athletic performance”; and “Increases endurance Increases power output Increases VO2 Max Speeds recovery Increases circulation to an area by 50% in just 15 minutes Positive shifts in up to 43 metabolites Increases burn of fat fuels by up to 33%”.
We considered those claims stated or implied that the ASEA REDOX Cell Signalling Supplement had beneficial health effects on specific physiological functions and therefore were specific health claims for the purposes of the Code. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB Register, or that the ASEA REDOX Cell Signalling Supplement met the conditions of use associated with any authorised claims.Because the ad made specific health claims that were not authorised on the GB Register, we concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims) and 15.7 (Food supplements and other vitamins and minerals).
2. Upheld
The CAP Code also stated that general health claims could be made in relation to foods only if they were accompanied by a relevant specific, authorised health claim. General health claims were defined as those referring to a general benefit of a nutrient or food for overall good health or health-related well-being.
The ad featured the claims “‘Asea is a key part of detox protocol from Graphene Oxide and shedding’”, “Improves cardiovascular health” and “Promotes gut health […] Restores hormonal balance” which we considered to be general health claims for the purposes of the Code. However, the ad did not contain any specific authorised health claims.
Because the ad featured general health claims that were not accompanied by a specific authorised health claim, we concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.2 (Food, food supplements and associated health or nutrition claims) and 15.7 (Food supplements and other vitamins and minerals).
3. Upheld
The CAP Code prohibited claims that stated or implied a food could prevent, treat or cure human disease.
The ad included the claim “Regulates Inflammatory response”. We considered that because inflammation was a symptom of adverse health conditions, this was a claim that the product could prevent, treat or cure human disease. The ad also featured the claim “100% kill in under 30 seconds for all tested bacteria and viruses (over 30 resistant strains)”. We considered that a claim to kill bacteria or viruses implied that the product could help in the prevention and treatment of bacterial and viral infections, and therefore was a claim to prevent, treat or cure human disease.
We concluded those claims therefore breached the Code.
On that point the ad breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims) and 15.7 (Food supplements and other vitamins and minerals).
Action
The ad must not appear again in the form complained about. We told ASEA LLC t/a ASEA Redox not to claim that a food could treat, prevent, or cure human disease, to ensure that any specific health claims made in relation to foods and food supplements were authorised on the GB Register, and not to include general health claims unless those claims were accompanied by a relevant authorised health claim.
CAP Code (Edition 12)
15.7 15.1 15.2 15.6 15.1.1 15.6.2
