Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
An Instagram post by the influencer Doctor Shireen for BetterVits’ Vitamin D supplement, seen on 1 April 2025, included a video featuring Doctor Shireen in which she took the supplement. She stated, “People often ask me what supplements they should be taking, and whilst an individualised approach is very important there is one supplement that I always recommend… Vitamin D supports immune function, boosts bone health, improves mood and mental clarity and enhances energy levels. I take the BetterVits Vitamin D because it’s a premium high-quality supplement”.
Accompanying text stated, “Looking to boost your health and feel your best? @bettervits Vitamin D is here to support you every step of the way. From strengthening your immune system and promoting healthy bones to enhancing mood and energy levels, this premium supplement is designed to help you thrive”.
Issue
- The ASA challenged whether the ad included health claims that complied with the Code.
- The complainant challenged whether the ad included health claims which referred to the recommendation of an individual health professional, that were in breach of the Code.
Response
1. BetterVits LLC said they always referred to the Great Britain nutrition and health claims register (the GB NHC Register) when creating their ads, and provided guidance to their marketing team not to overstate or exaggerate a product’s benefits. However, they acknowledged that on this occasion the core meaning of the authorised claims on the GB NHC Register could have been presented more clearly. They provided entries for Vitamin D on the GB NHC Register which related to the claims “supports immune function”, “strengthening your immune system”, “boosts bone health” and “promoting healthy bones”, as well as scientific opinions from the European Food Safety Authority (EFSA). They also referenced an entry in the GB NHC Register and EFSA scientific opinion that related to an authorised claim for Vitamin K.
They acknowledged the claims “improves mood” and “enhancing mood” had not been authorised on the GB NHC Register for use in relation to Vitamin D, but provided a literature review, an abstract, a meta-analysis and a quote from the UK Scientific Advisory Committee on Nutrition (SACN) 2016 report “Vitamin D and Health” in support of those claims. They further acknowledged the claims “improves […] mental clarity”, “enhances energy levels” and “enhancing […] energy levels” were not present on the GB NHC register and agreed they should not have been used. They said they would consider removing the ad and said they would review their influencer marketing more carefully in future.
2. BetterVits said that whilst Doctor Shireen was a general practitioner (GP) employed by the NHS, the content of the ad was not intended to constitute a professional endorsement or recommendation. The views expressed in the ad were personal and based on publicly available health guidance. They provided a link to information on the NHS website about Vitamin D, which stated “everyone […] should consider taking a daily supplement containing 10 micrograms of vitamin D during the autumn and winter”.
BetterVits said the post would reasonably be understood as a paid partnership directed towards Doctor Shireen’s general audience, and would not be understood to constitute medical advice. That was reinforced by Doctor Shireen’s statement, “an individualised approach is very important” which emphasised that she was providing generic advice about Vitamin D. Their product appeared for no more than four seconds in the video, and when it was referenced by Doctor Shireen, she was sharing a personal preference rather than a recommendation that consumers should choose BetterVits’ products.
Assessment
1. Upheld
The CAP Code required that only health claims authorised on the applicable register, which in this case was the GB NHC Register, were permitted in marketing communications for foods and food supplements. Claims must be presented clearly and without exaggeration. The Code defined health claims as those that stated, suggested or implied a relationship between a food, drink, or ingredient and health.
The ASA considered the claims “supports immune function” and “strengthening your immune system” implied Vitamin D had the beneficial effect of fortifying the functioning of the immune system. They were therefore specific health claims for the purposes of the Code.
The claim “Vitamin D contributes to the normal function of the immune system” was authorised on the GB NHC Register. Marketers could exercise some flexibility in rewording a claim to aid consumer understanding, provided the reworded claim was likely to have the same meaning for consumers as the authorised claim. We considered the word “supports” in the ad’s claim would have had the same meaning to consumers as the phrase “contributes to” in the authorised claim. However, we considered that by removing the reference to “normal” function and using the word “strengthening”, the ad implied Vitamin D boosted the immune system and provided benefits beyond its normal functioning. The ad’s claims “supports immune function” and “strengthening your immune system” had therefore exaggerated the meaning of the authorised specific health claim.
We considered the claims “boosts bone health” and “promoting healthy bones” implied the product, which contained Vitamins D and K, had the beneficial physiological effect of aiding and improving bone health and were therefore also specific health claims for the purposes of the Code. The claims “Vitamin D contributes to the maintenance of normal bones” and “Vitamin K contributes to the maintenance of normal bones” were authorised on the GB NHC Register.
We considered that by removing the reference to “maintenance” and “normal bones” the claims “boosts bone health” and “promoting healthy bones” exaggerated the authorised health claims. We therefore concluded those claims also breached the Code.
We considered the claims “improves mood”, “enhancing mood”, “improves […] mental clarity”, “enhances energy levels” and “enhancing […] energy levels” suggested the product could improve mood, mental focus and energy levels and were therefore specific health claims for the purposes of the Code. BetterVits had provided a literature review, an abstract, a meta-analysis and a quote from a UK Scientific Advisory Committee on Nutrition report in support of the claims “improves mood” and “enhancing mood”. However, those claims, and the claims concerning mental clarity and energy levels, were not authorised on the GB NHC Register in relation to Vitamin D. The claims therefore breached the Code.
We welcomed BetterVits’ willingness to remove the ad, and assurances regarding future compliance with the Code. Nevertheless, at the time it appeared, the ad included specific health claims that were not authorised on the GB NHC Register, or which exaggerated an authorised claim. It had therefore breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1 and 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 stated that health claims that referred to the recommendation of an individual health professional were not acceptable in marketing communications for food supplements.
We understood the influencer featured in the ad, Doctor Shireen, was an NHS GP whose content typically related to health and wellness. Her Instagram account name was “doctorshireen”, and during the ad she stated “On the NHS we recommend […]”. We therefore considered consumers were likely to understand that she was a medical professional who worked for the NHS.
As referenced at point 1, the ad featured Doctor Shireen making health claims about a BetterVits’ Vitamin D product. The video contained on-screen text that stated, “in collaboration with BetterVits” and the accompanying text stated “AD”. Consumers were therefore likely to understand the post as an ad for a specific product rather than general advice. After stating Vitamin D was the one supplement she would “always recommend” and referencing its apparent benefits, Doctor Shireen said, “I take the BetterVits Vitamin D because it’s a premium high-quality supplement. On the NHS we recommend everyone to take Vitamin D from October to March”. In that context, we considered the overall impression of the ad was that Doctor Shireen was specifically recommending BetterVits’ product.
Because the ad featured health claims that referred to the recommendation of an individual health professional, we concluded it had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 15.6.3 (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in the form complained of. We told BetterVits LLC to ensure that any health claims made in relation to food and food supplements were authorised on the GB NHC Register, and to ensure authorised health claims were not exaggerated. We also told them they must not make health claims that referred to the recommendation of an individual health professional in their marketing communications for food supplements.
