Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Instagram post by Exhale Coffee, seen on 19 February 2026, featured the company’s founder, who stated, “Every time your cells divide, which happens constantly as your body repairs and renews itself, your telomeres get a little bit shorter […] Eventually, when your telomeres get too short, your cells can’t divide anymore. They age, they die. And so do you. Telomere length is literally a predictor of how long you have left to live […] Researchers followed NHS nurses and discovered something remarkable. Moderate coffee drinkers had telomeres equivalent to people five years younger. Five years. That means coffee isn’t just waking you up by giving you energy, it’s buying you time, it’s protecting your DNA, it’s slowing down aging at the cellular level. But here’s the catch – and this is critical. The researchers concluded it was most likely coffee’s polyphenols protecting telomeres because they’re powerful antioxidants. The problem is most coffee today is over-roasted until it’s lost up to 90% of these protective compounds. […] we’re on a mission to produce the healthiest […] coffee on earth that maximises the compounds that protect your telomeres. Overseen by Dr Rupy, the founder of The Doctor’s Kitchen and our Director and Chief Science Officer, we’ve created a process involving nine different independent lab tests. Designed to produce a coffee that’s high in polyphenols and antioxidants, as well as being organic and free from mould, mycotoxins and pesticides”.
The accompanying caption included the claims “amazing health benefits”, “HIGH levels of antioxidants”, and “Polyphenols to support gut and brain health”.
Issue
The complainant challenged whether the ad included:
1. general and specific health claims and nutrition claims which breached the Code; and
2. health claims which referred to the recommendation of an individual health professional.
Response
1. Higham Miller Coffee Ltd t/a Exhale Coffee (Exhale) said the ad was no longer appearing. They indicated their willingness to make any necessary changes to their advertising.
Exhale referred to an approved claim for polyphenols on the Great Britain nutrition and health claims register (the GB NHC Register) that related to olive oil. They said their manufacturing process, which included selecting beans and roasting them to maximise polyphenol levels, was designed to produce coffee with high levels of polyphenols and antioxidants. They referred to independent lab test certificates on their website and added that they worked closely with a specialist testing company to ensure their coffee was high in antioxidants. They sent a lab report that showed antioxidant test data.
Exhale believed the ad could make general claims about “healthy coffee” because they could substantiate the specific authorised claims. They said the amounts of magnesium and potassium in the recommended daily serving of two brewed cups of their coffee exceeded the threshold needed in order to make specific health claims for those nutrients.
2. Exhale said Dr Rupy’s involvement in the ads reflected the fact that he was a director of the business and shared their values regarding food production. He was therefore naturally keen to promote the product.
Assessment
1. Upheld
The CAP Code defined health claims as those that stated, suggested or implied that a relationship existed between a food category, a food or one of its constituents and health. Only specific health claims authorised on the GB NHC Register could be made in ads promoting food or drink products.
The ad stated, “Telomere length is literally a predictor of how long you have left to live” and “Moderate coffee drinkers had telomeres equivalent to people five years younger”. It also stated that coffee was “buying you time”, “protecting your DNA” and “slowing down aging at the cellular level” and that “it was most likely coffee’s polyphenols protecting telomeres because they’re powerful antioxidants”. The ad also referred to polyphenols supporting gut and brain health and the product being high in antioxidants.
The ASA considered that consumers were likely to understand the claims to mean that the product, and in particular the antioxidants it contained, had the beneficial effect of slowing down aging by protecting telomeres (the protective caps at the end of chromosomes). We considered those claims were specific health claims for the purposes of the Code. However, the only approved health claim for polyphenols on the GB NHC Register, that related to the protection of blood lipids from oxidative stress, applied only to polyphenols present in olive oil. That claim was not authorised for polyphenols in coffee and in any case the ad did not make reference to that health benefit. We had therefore not seen any evidence that demonstrated that any of the specific health claims in the ad were authorised on the Register in relation to the product or any of its ingredients.
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 included the claims “[…] the healthiest […] coffee on earth, “amazing health benefits” and “polyphenols to support gut and brain health”. We considered that consumers were likely to understand those as references to general benefits for overall good health, including overall brain and gut health, or health-related well-being. Similarly, the references to “how long you have left to live”, and to coffee drinkers having telomeres equivalent to people five years younger, suggested that the product could benefit overall health by extending lifespan. However, none of the general health claims was accompanied by a specific authorised health claim.
Exhale believed they were able to make general health claims due to the presence of specific authorised claims on the GB NHC Register for magnesium and potassium. However, the ad itself did not contain any authorised claims for those nutrients and any general health claims were therefore not accompanied by a relevant specific, authorised health claim.
The Code further stated that only nutrition claims authorised on the GB NHC Register could be made in ads promoting food or drink products. The Code defined a nutrition claim as any claim which stated, suggested or implied that a food had particular beneficial nutritional properties due to the amount of calories, nutrients or other substances it contained, did not contain, or contained in reduced or increased proportions. We considered that consumers would understand the claims “high in antioxidants and polyphenols” to mean that the product contained high levels of antioxidants and polyphenols. They were therefore nutrition claims for the purposes of the Code. Because neither claim identified a specific nutrient to which an authorised claim might apply, we considered that they were not permitted nutrition claims.
While we welcomed Exhale’s assurance that the ad was no longer appearing, because the ad included unauthorised specific health claims and nutrition claims, and 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 (Editions 12) rules 15.1, 15.1.1 and 15.2 (Foods, food supplements and associated health or nutrition claims).
2. Upheld
The Code stated that health claims that referred to the recommendation of an individual health professional were not acceptable in marketing communications for food.
The ad stated that Exhale’s testing process was “overseen by Dr Rupy […] our Director and Chief Science Officer”. We considered consumers were likely to understand Dr Rupy’s involvement in product development and his position within the company as meaning that he endorsed the product.
As set out at point 1, the ad made claims that the product could have a beneficial effect on general health and promote longevity, which were health claims. The ad also included specific health claims in relation to antioxidants and polyphenols.
We therefore concluded that the ad included health claims that referred to the recommendation of an individual health professional.
On that point, the ad breached CAP Code rule 15.6.3 (Foods, food supplements and associated health or nutrition claims).
Action
The ad must not appear in the form complained of. We told Higham Miller Coffee Ltd t/a Exhale Coffee to ensure any specific health and nutrition claims made in their future advertising were authorised on the GB NHC Register and complied with the conditions of use for those claims. Additionally, any general health claims needed to be accompanied by a relevant authorised specific health claim. We further told them not to make health claims that referred to the recommendation of a health professional.
