Background
This ruling forms part of a wider piece of work on prostate health. The ad was identified for investigation following intelligence gathered by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules. See also related rulings published on 10 December 2025.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Meta ad for Impact Supps, seen in July 2025, included text that stated, “Are you constantly getting up at night to use the bathroom? You’re not alone. As men age, the prostate can enlarge – causing frequent urination, weak flow, and sleepless nights. That’s why over 100,000 men have switched to our doctor-formulated natural prostate supplement that helps: Reduce nighttime bathroom trips Improve urine flow & bladder emptying Support healthy prostate size Boost confidence – day and night. Don’t let your bladder control your life. Sleep better Feel stronger Worry less. Try it risk-free today and start noticing the difference in 7-14 days”.
The ad included an image of the “Impact PROSTATE HEALTH” supplement product, and text stated, “Still Waking Up 3-4 Times a Night to Pee? You don’t have to live with broken sleep. Thousands of men are sleeping through the night again – thanks to this natural solution”. Further text in the image stated, “Try Risk-free for 90 days”. The caption stated “Say Goodbye To Bathroom Trips” and a hyperlinked button with text that stated, “Learn More”.
Issue
The ASA challenged whether the:
- claims in the ad that stated or implied that Impact Prostate Health supplement could help to treat or cure symptoms of prostate enlargement, including urine incontinence or urine flow problems, were in breach of the Code; and
- ad breached the Code because it included health professional endorsements or recommendations.
Response
1. & 2. Impact Herbs t/a Impact Supps did not respond to the ASA’s enquiries.Assessment
1. Upheld
The ASA was concerned by Impact Herbs t/a Impact Supps' 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.
The CAP Code 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 (Medicines and Healthcare products Regulatory Agency) or under the auspices of the EMA (European Medicines Agency). Medicines must have a license from the MHRA or under the auspices of the EMA before they were marketed.
The ad stated, “Are you constantly getting up at night to use the bathroom? […] As men age, the prostate can enlarge – causing frequent urination, weak flow, and sleepless nights […] our doctor-formulated natural prostate supplement […] helps: Reduce nighttime bathroom trips Improve urine flow & bladder emptying […] Support healthy prostate size”. We considered that consumers would understand the claims to mean that the product could alleviate symptoms of prostate problems such as urine incontinence, frequency and flow problems, and cure an enlarged prostate.
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. Urine incontinence and urine flow problems were symptoms of adverse medical conditions in males, including for example prostate problems such as an enlarged prostate. We considered the claims referenced above and the name of the product “Impact Prostate Health” in the context of the ad, implied that the product had medicinal properties, and that the product would be understood by consumers as medicinal, by its presentation.
The Impact Prostate Health supplement product was, in general terms, marketed as a food supplement. The Code prohibited claims that a food, which included food supplements, could prevent, treat, or cure human disease. For the purposes of the legislation reflected in the Code, that included medicinal claims. We concluded therefore that the claims were prohibited claims that a food could prevent, treat or cure human disease. Additionally, because the ad made medicinal claims for the Impact Prostate Health supplement, it was defined as a medicinal product for the purposes of medicines legislation. 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 had not seen evidence that Impact Herbs held such authorisation for the supplement. The ads were therefore in breach of the Code’s requirements relating both to food supplements and to medicinal products.
On that point, 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).
2. Upheld
The CAP Code prohibited marketers from using health professionals to endorse medicines. In addition, ads for food products were prohibited from making health claims that referred to the recommendation of an individual health professional.
The ad included the claim “our doctor-formulated natural prostate supplement that helps […]” followed by references to the product helping symptoms of prostate problems. We considered consumers would interpret a claim that a product was formulated or developed by doctors as amounting to the endorsement or recommendation of the product by a doctor or group of doctors, and as such would have a similar impact on their purchasing decision as an ad which included the recommendation of only one health professional. In the context the full claim, which referred to medicinal claims, we concluded the claim therefore breached the Code.
As also set out in point 1, due to the use of medical claims, the product would also have been understood by consumers as medicinal, by presentation. The ad also therefore breached the Code because it used health professionals to endorse a medicine.
On that point, the ad breached CAP Code (Edition 12) rules 12.18 (Medicines, medical devices health-related products and beauty products) 15.6.3 (Food, food supplements and associated health or nutritional claims).
Action
The ad must not appear again in the form investigated. We told Impact Herbs t/a Impact Supps not to state or imply that their food supplements could prevent, treat or cure human disease, which included claims to treat or cure enlarged prostate and the symptoms of prostate problems. We also told them not to make medicinal claims for products that were not authorised by the MHRA. We told them not to make health claims for food products that referred to the recommendation of an individual health professional or use health professionals to endorse a medicine. We referred the matter to CAP's Compliance team.
CAP Code (Edition 12)
12.1 12.11 12.18 15.6 15.6.2 15.6.3
