Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A TikTok post and a paid-for Facebook post for SaffPro, a range of saffron-containing supplements:
a. The TikTok post, on Chantelle Knight’s account, neurodiverselife2, seen on 21 December 2024. The video, a duet with the SaffPro TikTok account, featured Ms Knight, an internet personality with links to the attention deficit hyperactivity disorder (ADHD) community, who stated, “Why would we choose a nutraceutical over a pharmaceutical?” as images of SaffPro product packs, then generic pills, appeared next to her on-screen. She continued, “There are people who will respond to certain pharmaceutical medications, but there will always be people who do not respond to them […] there are hundreds of thousands, if not millions of people out there who do not choose to put pharmaceutical drugs in their body; another reason for this is the incredible withdrawals and side effects that can come with them […] Bringing nutraceuticals to the discussion around physical and mental health is incredibly important […] It is an exceptionally exciting time to see somebody starting to stand up and challenge what we are led to believe is the only way to manage our cognitive and emotional function.”
A voice-over at the end of the video, accompanied by images of SaffPro products, included “These powerful gummies and pops combine the best of nutrition and medicine, helping you stay strong, focused and energised every day. With our SaffPro products, your sleep will be at ease, increased mood stability, and it comes with powerful antioxidant.”
b. The paid-for Facebook post from SaffPro, posted on 4 February 2025, also featured Ms Knight discussing SaffPro products, who made a number of claims including, “Saffron […] supports the creation of Dopamine”, “stimulant ADHD medicine will increase dopamine, but so will saffron”, “I choose SaffPro”, “Saffron is also known as an anti-inflammatory”, “saffron boosts serotonin […] a really key chemical in the management of ADHD, and saffron will boost your serotonin levels through the roof”, and “Saffron directly increases the amount of melatonin that we have in our system”.
Issue
The complainant challenged whether:
- both ads made claims that the advertised product, or substances in it, could prevent, treat or cure disease, which were prohibited by the Code;
- ad (a) included health claims that breached the Code; and
- both ads irresponsibly encouraged consumers to stop taking medically prescribed treatments for ADHD.
Response
1., 2. & 3. Saff-Pro LLC t/a SaffPro did not respond to the ASA’s enquiries.Chantelle Knight said she was willing to make any necessary changes to her posts to ensure compliance with the CAP Code.
Assessment
The ASA was concerned by SaffPro’s 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 provide a response to our enquiries and told them to do so in the future.
1. Upheld
The CAP Code (which reflected legislation) stated that claims which stated or implied a food prevented, treated or cured human disease were not acceptable in marketing communications for foods or food supplement products.
Ad (b) included claims that people with ADHD did not have enough dopamine, serotonin or melatonin and that this led to ADHD symptoms such as lack of focus, a difficulty in regulating emotions and issues with sleep. It also stated that neuroinflammation exacerbated ADHD symptoms. In that context we considered claims such as the following would be understood as claims that SaffPro products could treat ADHD and its symptoms: “I can get more dopamine to access the chemicals that I need to stay focused, stay motivated, and regulate my emotions”; “boost your serotonin levels through the roof"; “increases the amount of melatonin that we have in our system”; and “Saffron is also known as an anti-inflammatory”.
The ad further included the claim that by consuming SaffPro products “we are supporting and promoting a healthier, happier brain environment and therefore supporting our ADHD”. We considered that was also a claim the products could treat ADHD.
We acknowledged that ad (a), which was posted from Ms Knight’s TikTok account, did not directly reference ADHD. However, we noted Ms Knight’s wider presentation as a person with deep ties to the ADHD community, and that her posts on TikTok and other social media platforms primarily related to ADHD. Additionally, we considered her TikTok username, @neurodiverselife2, reinforced her links to, and association with, the neurodiverse community, which typically included people with ADHD.
In that context, we considered that the discussion in ad (a) around the use of “nutraceuticals” instead of, or in combination with, “pharmaceutical” medications would be understood by viewers to relate to their use as a treatment for conditions including ADHD. The ad referred to SaffPro products as “nutraceuticals” and we therefore considered viewers would understand that those products could treat ADHD.
Because of that, we also considered viewers were likely to understand some of the claims in the voice-over at the end of the ad as referencing symptoms of ADHD, and that SaffPro products could treat those symptoms: “These powerful gummies and pops combine the best of nutrition and medicine, helping you stay […] focused […] With our SaffPro products, your sleep will be at ease, increased mood stability […]”.
Claims that SaffPro products could treat ADHD and its symptoms were, for the purposes of the legislation reflected in the Code, claims that a food or food supplement could prevent, treat or cure disease, and were therefore prohibited by the Code. We therefore concluded that all the above claims in ads (a) and (b) breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
2. Upheld
The CAP Code stated that only health claims authorised on the Great Britain nutrition and health claims register (the GB NHC Register) were permitted in marketing communications for food or food supplements. The Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health.
The voice-over at the end of ad (a) included the claims “These powerful gummies and pops combine the best of nutrition and medicine, helping you stay strong […] and energised every day […] and it comes with powerful antioxidant”. We considered viewers were unlikely to associate those claims with the treatment of symptoms of ADHD and would instead understand them as describing health benefits the products would provide for all consumers: that is, the support of physical strength, energy levels and the protection of cells from oxidative stress.
We considered those claims were specific health claims for the purposes of the Code. We had not seen evidence that demonstrated they were authorised on the GB NHC Register in relation to the supplement or any of its ingredients. We therefore concluded ad (a) also breached the Code in that regard.
On that point, ad (a) breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims), and 15.7 (Food supplements and other vitamins and minerals).
3. Upheld
Ad (a) stated that some people would not respond to “pharmaceutical” medications, and that millions of people chose not to use medications due to the associated withdrawals and side effects. As referenced above, we considered consumers would understand from the context of the ad, its presentation of images of SaffPro products, and the presence of Ms Knight and her TikTok username, @neurodiverselife2, that the term “pharmaceutical medications” was referring to medications prescribed for the treatment of ADHD.
Ad (b) referred to parents “using stimulant medication through the day […] and then something like an antipsychotic […] at night to help put their child to sleep”, and included claims which implied that saffron, a key ingredient in SaffPro’s products, could produce the same effects as medicines prescribed for the treatment of ADHD, such as improving focus, providing a calming effect, and helping with attention and concentration.
We considered that in making those claims, both ads suggested that consumers, including children, could take the advertised supplement as an effective alternative to medically prescribed treatments. We considered that the wording of ad (a), and the reference to withdrawal and side-effects, could also have the effect of undermining consumer’s confidence in medicines prescribed for the treatment of ADHD. We further considered that the claims in ad (b) implied that SaffPro’s products were equivalent to medicines prescribed to treat ADHD and noted that the ad specifically addressed parents of children with ADHD. We therefore considered the claims were irresponsible.
Because both ads irresponsibly discouraged people from taking medically prescribed treatments for ADHD, including parents who supervised their children’s medical treatment, we concluded that they breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rule 1.3 (Social responsibility).
Action
The ads must not appear again in their current form. We told Saff-Pro LLC t/a SaffPro not to make specific health claims about their products unless they were authorised on the GB NHC Register, and to ensure their future advertising did not make claims that food, including food supplements, could prevent, treat or cure conditions that, for the purposes of the Code, fell within the definition of human disease. We also told them to ensure their ads did not irresponsibly encourage consumers to stop taking medically prescribed treatments for ADHD. We referred the matter to CAP’s Compliance team.
CAP Code (Edition 12)
1.3 15.7 15.1 15.6 15.1.1 15.6.2
