Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
An Instagram post for SupremeCBD on Anthony Fowler’s Instagram account @afowler06, seen on 9 May 2025, included a video that featured two individuals.
One individual stated, “People still doubt Supreme CBD […] You’re on anti-depressants, you see a Dr they say take these pills. They’re not magic beans […] not automatically feel better the antidepressants doesn’t […] numb your emotions so you feel not happy, not sad. None of it delivers it. You’re very, very numb. With Supreme CBD, how we work is we balance your hormones in your body using the endocrine system which is part of your endocannabinoid system […] what do you say to someone who’s on antidepressants […]. Womans [sic] on antidepressants for 19 years she’s unsure to start Supreme CBD what would you say to her?” The other individual responded, “I can’t comment on you taking antidepressants […] but I wouldn’t recommend antidepressants at all […] I’d recommend you to come off them […] and I’d recommend CBD. I know this looks a bit advertisy [sic] but that’s what helped me. I got years and years ago suffering really bad anxiety […] they wanted to put me on antidepressants and I’ve said no, but the only thing that ever helped me was taking CBD oil and obviously a change of lifestyle as well […] take your CBD.” A text box displayed on the video showed a comment from an Instagram account that included text that stated, “Does this really work I’ve been on antidepressants for years 19 in fact [crying face emoji]”.
Accompanying comments stated, “DO YOU TAKE ANTI DEPRESSANTS? They just numb your emotions so you don’t feel happy or sad, I know this BECAUSE THOUSANDS OF PEOPLE HAVE SWITCH TO @Supremecbd which is NATURAL AND WORKS WITH YOUR BODIES OWN ENDOCRINE SYSTEM [Praying hands emoji] save 40% at checkout Supremecbduk with code Fowler40 [praying hands emoji] #supremecbd #ad.”
Issue
The complainant challenged whether the ad:
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stated or implied a supplement could help treat or cure symptoms of anxiety and depression which was a breach of the Code; and
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irresponsibly discouraged essential treatment for conditions for which medical supervision should be sought.
Response
Supreme CBD Ltd t/a SupremeCBD said that on notification of the complaint they had removed the ad.
Assessment
1. Upheld
The CAP Code stated that claims which stated or implied that a food could prevent, treat or cure human disease were prohibited.
The ASA considered consumers would interpret the statements, “You’re on anti-depressants, you see a Dr they say take these pills. They’re not magic beans […] not automatically feel better […] numb your emotions so you feel not happy, not sad. None of it delivers it. You’re very, very numb. With Supreme CBD, how we work is we balance your hormones in your body using the endocrine system […] endocannabinoid system” as claims that SupremeCBD products were more effective than prescribed antidepressants at treating mental health conditions. We considered within the context of the ad, that consumers would understand that this would include anxiety and depression. We considered the inclusion of clinical sounding language, including “hormone balance”, “endocrine system” and “endocannabinoid system” reinforced the impression that SupremeCBD products had a psychological effect that could improve mental health. We also considered the statements “I wouldn’t recommend anti-depressants at all”, “I’d recommend you come off them” and “I’d recommend CBD. That’s what really helped me […] suffering really bad anxiety” would have been interpreted by consumers as claims that the product was better than a medically prescribed treatment for treating anxiety. The caption accompanying the video included “DO YOU TAKE ANTI DEPRESSANTS? They just numb your emotions so you don’t feel happy or sad” and “THOUSANDS OF PEOPLE HAVE SWITCH TO @Supremecbd which […] WORKS WITH YOUR BODIES OWN ENDOCRINE SYSTEM” and we considered that further reinforced the claims that SupremeCBD could treat mental health conditions that included depression and anxiety.
Because the ad was framed around a question from a follower who had been taking antidepressants for 19 years, we considered consumers would interpret the treatment to be suitable for clinically diagnosed long-term mental health conditions including chronic anxiety and depression. This was reinforced through the statements “[…] they wanted to put me on antidepressants and I said no, but the only thing that ever helped me was taking CBD oil”, which we considered consumers would understand to mean the individual who had personally suffered from anxiety, had chosen not to follow clinical advice and had successfully used CBD as their preferred treatment for anxiety.
For those reasons we considered the ads made claims that a food supplement could treat chronic anxiety and depression, and concluded the ad breached the Code.
The ad 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 marketers must not discourage essential treatment for conditions for which medical supervision should be sought. Advertisers must not offer specific advice on diagnosis of or treatment for such conditions, unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional.
As with issue 1, we considered the ad made claims that implied SupremeCBD could be used to treat or manage chronic anxiety and depression. This included claims that SupremeCBD was more effective at treating those conditions than medically prescribed anti-depressants. Therefore, by marketing the product as a treatment for depression and chronic anxiety in direct contrast to prescribed medication, this discouraged essential treatment for those conditions.
Chronic anxiety and depression were conditions for which medical supervision should be sought. Regardless of any evidence to support the effectiveness of CBD, any advice or treatment relating to those conditions should have been given under appropriate supervision.
Whilst we welcomed Supreme CBD’s assurance that the ad had been removed, we did not receive any evidence which showed their advice and product was provided under the supervision of a suitably qualified professional. We therefore concluded that the ad discouraged essential treatment for conditions for which medical supervision should be sought and had breached the Code.
The ad breached CAP Code (Edition 12) rules 1.3 (Social responsibility) and 12.2 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Supreme CBD Ltd t/a SupremeCBD to ensure that future ads did not state or imply that their products could prevent, treat or cure chronic anxiety or depression, and did not discourage essential treatment for conditions for which medical supervision should be sought.
