Background
THIS RULING REPLACES THE RULING PUBLISHED ON 10 AUGUST 2022. FOLLOWING INDEPENDENT REVIEW THE RESPONSE SECTION HAS BEEN AMENDED TO ADD THE RESPONSE FROM THE ADVERTISER. THE ASSESSMENT AND DECISION REMAINS OTHERWISE UNCHANGED.
Ad description
A website for treatments for hair loss, www.forhims.co.uk, that was seen on 10 February 2022. The home page was titled “Prevent hair loss” and stated “With Hims, hair loss can be optional. We put simple, scientifically proven treatments at your fingertips”. The bottom of the page showed before and after photographs and testimonials from men who had used the advertiser’s products that included the claims “in just a little over two and a half months, I can really see the difference in thickness and in color [sic]”, “no more bald jokes! I look and feel so much younger!” and “I notice a huge change in the overall health and fullness of my hairline."
Another page of the website was headed “Take action today to stop your hair loss”. Text on the page stated “Clinically proven prescription medication” and “Choose your treatment plan” above images of three options: “No-pill option. Used for receding hairlines and bald spots. Topical Finasteride with Minoxidil”; “Used for overall thinning hair. Finasteride and Minoxidil. Prescription tablet & alcohol-free topical solution”; and “Used for receding hairlines. Finasteride. Prescription tablet taken once daily”. In a section titled “How Hims works” text stated “Fill out an online consultation and our medical team can prescribe a treatment plan that’s right for you, if appropriate.” It featured more testimonials including “Trying the science backed topical finasteride and minoxidil solution was the best decision I made for my hair. After the third/fourth month, I started seeing amazing results. My hairline not only stopped receding but it also started coming back. I’m not 9 months in and my har [sic] is almost 100% back to how it used to be”.
A further page of the website included a section titled “Online consultation” that stated “We connect you to a UK registered prescriber who assesses your case and recommends the best course of treatment.” It listed the three available treatments: Topical Finasteride with Minoxidil, Minoxidil Solution and Finasteride Tablets and their monthly prices and invited readers to click a button to start.
Issue
The complainant challenged whether the ad breached the Code because it:
1. advertised prescription-only medicines to the public; and
2. promoted unlicensed medicinal products.
Response
1. & 2. Hims and Hers UK Ltd said their range of treatments included both licensed prescription products and compounded, unlicensed prescription products, but they did not advertise prescription only medicines to the public and they did not promote unlicensed prescription products to the public.
They said that their website advertised general treatments for hair loss and not specific medicinal products. They said that the website made clear that any treatments were subject to a consultation with a qualified health professional which may or may not result in the prescription of medicines.
Assessment
1. Upheld
The CAP Code stated that prescription-only medicines or prescription-only medical treatments must not be advertised to the public.
We understood from the MHRA that finasteride in tablet form was a prescription-only medicine.
The advertiser’s website was visible to the general public and we considered that consumers would understand from the claims under investigation (the ad) that the outcome of a consultation would be one of the treatments advertised, including the finasteride tablets. For example, the home page of the website showed images of medication in bottles and a man taking a pill, and referred to hair loss medication. It invited readers to fill in an online consultation and stated “if approved, our medical team will prescribe a treatment plan that’s right for you” and “Simply take a pill or apply some solution to your scalp each day and that’s it. Your hair, sorted.”
Furthermore, we considered the ad gave the impression that consumers could choose which treatment to purchase, including the finasteride tablets which were a prescription-only medicine. For example, text stated “Choose your treatment plan” alongside an image of a bottle of finasteride tablets and a clickable button labelled “Start for £17/month” was featured alongside another image of a finasteride bottle.
We therefore considered the ad promoted a prescription-only medicine to the general public and concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 12.12 12.12 Prescription-only medicines or prescription-only medical treatments may not be advertised to the public. (Medicines, medical devices, health-related products and beauty products).
2. Upheld
The CAP Code stated that medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they were marketed.
We noted that unlicensed medicines had not been tested for efficacy, quality or safety.
We noted Hims and Hers UK Ltd’s confirmation that some of the products they supplied were compounded, unlicensed medicines.
The website was visible to the general public and we considered that consumers would understand that the outcome of a consultation would be one of the treatments advertised, which included the unlicensed medicines. For example, the ad invited readers to fill in an online consultation and stated “if approved, our medical team will prescribe a treatment plan that’s right for you” and “Simply take a pill or apply some solution to your scalp each day and that’s it. Your hair, sorted”.
We considered the ad gave the impression that consumers could choose their treatment. For example, where it stated “Choose your treatment plan” and showed three treatments, including topical finasteride with minoxidil and minoxidil solution illustrated by medicine bottles labelled “Topical Finasteride with Minoxidil” and “Minoxidil”. Another page described the products alongside images of medicine bottles labelled with their names and included clickable buttons labelled “Start for £22/month” and “Start for £11/month”.
For those reasons, we considered the ad promoted unlicensed medicines and concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) 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.
(Medicines, medical devices, health-related products and beauty products).
Action
The ads must not appear again in the form complained of. We told Hims and Hers UK Ltd not to advertise prescription-only medicines to the public, or unlicensed medicines at all in future.
