Ad description
An Instagram post for Dr Vegan, a health and supplements brand, seen on 26 April 2025, featured an image of a hand holding two capsules between the thumb and forefinger. Text stated, “Can’t do HRT? 89% of MenoFriend customers find this effective*.” [The word effective was in italics] Further text below stated “[…] drveganco ‘I’ve been using this for a couple of years now and it’s really changed my life.’ Frankie, Trustpilot” and “Menopause support that actually works […]”.
Issue
The complainant challenged whether the claims in the ad implied that the supplement could treat symptoms of the menopause were in breach of the Code.
Response
Dr Vegan Ltd said the statement “can't take HRT?” distinguished MenoFriend as different and not equivalent to hormone replacement therapy (HRT). MenoFriend was a multi-nutrient food supplement which could be taken alongside HRT if advised by a healthcare professional. The ad did not claim that MenoFriend replaced hormones or treated menopausal symptoms. It made clear the effectiveness statistic was based on a survey of 996 customers who had taken MenoFriend for 60 days or more. Other versions of the ad had included a statement that MenoFriend was a multi-nutrient food supplement, but they had not included it in the version seen by the complainant. The ad was no longer active.
Assessment
Upheld
The CAP Code (which reflected legislation) stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods; including food supplements. It also stated that medicinal claims may be made for a medicinal product that was licensed by the MHRA or under the auspices of the EMA. Medicines must have a license from the MHRA or under the auspices of the EMA before they were marketed.
The ad stated, “Can’t do HRT? 89% of MenoFriend customers find this effective”. HRT was a commonly known prescription-only medicine used as a treatment for the alleviation of symptoms of the menopause. We considered consumers would understand the claim to mean that the product could be taken as an alternative to HRT and that it would have the same effect in treating menopause symptoms as HRT.
The ad also included a testimonial from a customer who said that, after using the product for a couple of years, “… it’s really changed my life”. The caption also stated, “Menopause support that actually works”. We acknowledged that the ad did not state explicitly that the product treated the symptoms of menopause. However, we considered that in the context of the ad, taken along with the reference to HRT, and the name of the product being “MenoFriend”, consumers would understand those additional claims to reinforce the implication that the supplement could alleviate symptoms of the menopause.
Claims to relieve symptoms, or to cure, or to provide a remedy or heal a specific disease or adverse condition of body or mind were regarded as a medicinal claim. Symptoms of menopause were an adverse medical condition. We considered the specific claim “Can’t do HRT? 89% of MenoFriend customers find this effective”, and the ad overall, therefore implied that the product had medicinal properties.
The MenoFriend product was, in general terms, marketed as a food supplement. The Code, reflecting legislation, prohibited claims that a food, which included food supplements, could prevent, treat, or cure human disease. We understood that medicinal claims were, for the purposes of the legislation reflected in the Code, claims to treat disease. The claim referencing HRT, and the ad overall, therefore were prohibited claims that a food could prevent, treat or cure human disease. Additionally, claims that a product had medicinal properties may only be made for a medicinal product that was authorised by the MHRA or under the auspices of the EMA. We understood Dr Vegan did not hold such authorisation.
Dr Vegan had said that other versions of the ad included a statement that MenoFriend was a multi-nutrient food supplement. We did not consider that the addition of that claim would have altered the overall impression of the ad, which was that the supplement had the same effects as HRT and therefore could treat symptoms of the menopause. We acknowledged that Dr Vegan said the ad was no longer active. However, because at the time the ad appeared, it implied that a food supplement could prevent, treat or cure human disease, and the product was not an authorised medicinal product, we concluded that it breached the Code.
The ad breached CAP Code (Edition 12) rules 12.1, 12.11 (Medicines, medical devices health-related products and beauty products), 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told Dr Vegan Ltd not to state or imply their food supplements could prevent, treat or cure human disease, which for the purposes of the Code included claims to treat or cure the symptoms of menopause. We also told them not to make medicinal claims for products that were not authorised by the MHRA.
