Ad description
Claims on www.ionbodyarmour.com stated, on the home page, "Infused with Negative Ions, Ion Body Armour products can help improve your natural balance, flexibility, concentration, strength, endurance and more". Further claims in the "Demos" section stated "the following Demonstrations are excellent ways to experience the impact of Negative Ions with a more "instant" effect!" The text was followed by instructions for a balance test, under the heading "Improved Balance" ... 1) Facing forward, put your two feet together, relax your shoulders and place your hands by your side. 2) Raise both arms to shoulder height, lift one leg slightly by bending one knee and bringing your foot off the ground. 3) In this position, let someone push down on the centre of the arm that is the same side of the raised leg and resist against them. They should continually push gently until you lose your balance. 4) Place the IBA band on any arm and repeat step 3. Experience improved balance and equilibrium."
Issue
The complainant challenged whether:
1. the claim "Ion Body Armour products can help improve your natural balance, flexibility, concentration, strength, endurance and more" was misleading and could be substantiated; and
2. the demonstration text misleadingly implied that the product showed "improved balance" and that users would "Experience improved balance and equilibrium."
Response
1. & 2. ION Inc Ltd t/a ION Body Armour said they were in the first stages of research on the product at Herriot Watt University, with the Sporting Chance Initiative (SCI). They said their products were mainly sold on word of mouth and the testimonial feedback section on their website was very positive. They said that they did not make any medical claims and pointed out that their website included a disclaimer which stated "Neither Ion Body Armour, or its distributors, make any claim that any of its products are intended to prevent, cure, mitigate, treat or diagnose illness. If you believe you have a health problem, you should consult a doctor or health professional". They provided a list of studies which looked at the effects of negative and positive ions on a range of conditions and areas, which included some detail about the conclusions drawn, but did not provide the studies themselves.
Assessment
1. Upheld
The ASA noted that most of the studies in the list provided by the advertisers did not relate to tests designed to look at "improved balance and equilibrium" or "natural balance, flexibility, concentration, strength, endurance" and that, in any case, we had not seen the studies themselves and were unable to determine the robustness and relevance of the tests in relation to the ad's claims. We also noted that we had not seen additional evidence showing the effects of the Ion Body Armour products themselves on balance, flexibility, concentration, strength or endurance.
We understood that the advertisers were in the process of researching the product, but noted that, under the Code, advertisers were required to hold evidence before making marketing claims. However, we had not seen supporting evidence relating to the effects of the product.
We considered that the "Ion Body Armour products can help improve your natural balance, flexibility, concentration, strength, endurance and more" was a claim about the effects of the product on the body and also noted the claim appeared in the context of improving sporting activity. We therefore considered that the claims should be supported by robust evidence, such as controlled and blinded studies, which supported a manifestation of the listed claims. We did not consider that testimonials were sufficient to support the efficacy claims.
Because we had not seen substantiation for the efficacy claims in the ads, we concluded the claims were misleading.
On that point, the claims breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) and
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.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
We noted that the "Demonstrations" section included text that claimed the product showed "improved balance" and that users would "Experience improved balance and equilibrium." We considered that the claims should be supported by robust evidence, but noted that we had not seen evidence to support the claims. We therefore concluded the claims were misleading.
On that point, the claims breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) and
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.
(Medicines, medical devices, health-related products and beauty products).
Action
The claims must not appear again in their current form.
