Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Facebook post for Pulmoria, an online supplement brand, seen on 18 July 2026, included the heading “SMOKE ALL YOU WANT Just clear your lungs Daily”. It then featured two pictures of lungs, the first pair of lungs shown as black next to the text “Day 0” and the second pair of lungs shown as pink next to the text “Day 90”. The ad further featured a picture of the supplement bottle surrounded by root ginger, lemon and various herbs, as well as text that stated “Reduces Morning Cough”, “Restores Easy Breathing”, “Clears Lung Congestion” and “Clears Tar & Buildup”. Further text stated “[Star] 4.9/5 Trusted by 100,000+”, “CLEAR YOUR LUNGS TODAY [Sideways arrow]” and “Stop Wheezing. Start Breathing. Clear your lungs from the inside out”. The caption for the post stated “Can’t climb stairs without gasping? Wake up coughing? Feel like your chest is constantly heavy and tight? Introducing Pulmoria Mullein Drops – a fast-acting, plant-powered liquid formula that supports natural mucus clearance and effortless breathing. Helps clear trapped mucus and phlegm from airways. Supports healthy lung function and oxygen flow. Reduced wheezing, chest congestion, and breathing discomfort. Promotes deeper breaths, restful sleep, and an energized body [...] 3rd-party tested in the USA.”
Issue
The complainant challenged whether:
- the claims in the ads regarding medical conditions stated or implied that a food prevented, treated or cured human disease, which was prohibited by the Code; and
- specific health claims in the ad breached the Code.
Response
1 & 2. GMB Agency LLC t/a Pulmoria did not respond to the ASA’s enquiries.
Assessment
The ASA was concerned by Pulmoria’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that claims which stated or implied that a food prevented, treated or cured human disease were not acceptable in marketing communications for food.
The headline claim stated “SMOKE ALL YOU WANT Just clear your lungs Daily” and appeared above images of black lungs at “Day 0” and pink lungs at “Day 90”, together with the claim “Clear your lungs from the inside out”. We considered in that context the claims, including “Reduces Morning Cough”, “Clears Lung Congestion”, “Clears Tar & Buildup”, “Stop Wheezing”, “Restores Easy Breathing”, “supports natural mucus clearance” and “Helps clear trapped mucus and phlegm from airways” would be understood by consumers as claims that Pulmoria Mullein Drops could treat or cure respiratory symptoms and conditions caused by smoking. In particular, reducing or stopping tar build-up, coughing, wheezing, congestion in the lungs and assistance with the build-up of mucus and phlegm to allow easier breathing.
We understood that Pulmoria Mullein Drops were a food supplement. Because the ad included claims a food could prevent, treat or cure disease, we concluded that it 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).
2. Upheld
The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health, and required that only health claims authorised on the applicable register, which in this case was the Great Britain nutrition and health claims register (the GB NHC Register), were permitted in marketing communications for foods. Marketers must also ensure that they met the conditions of use associated with the claims in question.
We considered that consumers were likely to understand the claims “Supports healthy lung function and oxygen flow” and “Promotes restful sleep, and an energized body” as meaning that taking Pulmoria Mullein Drops would have beneficial effects on lung function, oxygen flow, sleep and energy levels. We therefore considered that they were 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 NHC Register for the product or its ingredients, and therefore concluded that they 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).
Action
The ad must not appear again in the form complained of. We told GMB Agency LLC t/a Pulmoria not to make claims that stated or implied that a food supplement could prevent, treat or cure human disease. We also told them not to make specific health claims unless they were authorised on the GB NHC Register and met the relevant conditions of use. We referred the matter to CAP’s Compliance team.
