Ad description

A magazine ad, which appeared in the publication What Doctors Don't Tell You, for a melatonin supplement, stated "Preserve Youthful Sleep Patterns With Melatonin Zn Se ... Melatonin Zn Se is a pharmaceutical grade melatonin produced in Italy that is bonded with zinc and selenium ...".

Issue

The Nightingale Collaboration challenged whether the ad marketed an unlicensed medicine.

Response

International Antiaging Systems Ltd (IAS Ltd) said they believed their ad was lawful, decent, honest and truthful, because they believed that individuals had the right to import medicinal products for their own use.

Assessment

Upheld

The ASA noted that melatonin was classified as a licensable medicinal product in the UK. Because 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.
 of the CAP Code (Edition 12) stated that medicines must have a license from the MHRA before they could be marketed, and the product did not hold such a license, we concluded that the ad breached the Code.

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 ad must not appear again. We told IAS Ltd to ensure that they did not market unlicensed medicines in future.

CAP Code (Edition 12)

12.11    


More on