Ad description

A four-page circular for shark cartilage capsules included the text "Shark Cartilage with Squalene to the rescue of damaged joints. If you suffer from Osteoarthritis or Rheumatism, or if your joints are stiff and worn, find out how Shark Cartilage with Squalene can Free Your Life From Pain" followed by "Relieves (Chronic) Pain  Eliminates Inflammation  Reconstructs Cartilage  Reinforces the Immune System  Increases stamina/energy  Rejuvenates the skin  Normalises constipation/diarrhoea  Balance hormone levels".  Further text included an extract from an interview with "Top American Shark Cartilage Specialist Prof. G. Stevens" and included "How can shark cartilage help us? Prof G.S:  Shark cartilage really is an extraordinary product. It is 100% natural, easily assimilated by the human body and has no side effects".

Issue

Two complainants challenged whether the claims about the product were misleading and could be substantiated.

Response

Healthy for Life did not respond to the ASA's queries.

Assessment

Upheld

The ASA was concerned by Life Healthcare'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.

We noted the leaflet listed a variety of medical conditions and also included claims that the product could reconstruct cartilage, balance hormone levels, and reinforce the immune system. Some of the claims that the product could be used with a view to treating or preventing disease were classed by the Medicines and Healthcare products Regulatory Agency (MHRA) as medicinal claims, and we understood that Healthy for Life were required to hold a marketing authorisation for the product from the MHRA before marketing it to UK consumers. Because Healthy For Life did not hold the relevant authorisation, we did not investigate the ad further, but reminded Healthy for Life of their obligation to check their claims were legal under medicines law (CAP Code rule  12.11 12.11 Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2.
Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.
 . We concluded that the ad breached the Code.

The ad breached CAP Code (Edition 12) rule  12.1 12.1 Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
 and  12.11 12.11 Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2.
Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.
 (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form.  We told Life Healthcare to ensure that their marketing complied with the relevant statutory requirements in future. We referred the matter to the CAP Compliance team.

CAP Code (Edition 12)

12.1     12.11    


More on