Ad description

A product listing on www.myprotein.com, seen on 19 November 2016, for L-Glutamine powder, included the claim “Supplementing with L-Glutamine (particularly post-workout) can help to restore amino acid levels that are diminished during your workout. Restoring these will provide a fundamental building block for new proteins to be manufactured to help with recovery”.

Issue

The complainant challenged whether the health claim “Supplementing with L-Glutamine (particularly post-workout) can help to restore amino acid levels that are diminished during your workout. Restoring these will provide a fundamental building block for new proteins to be manufactured to help with recovery” was authorised on the EU Register of nutrition and health claims made on foods.

Response

The Hut.com Ltd, trading as myprotein.com, said they had a strict process in place to try to prevent unauthorised health claims appearing on their website. That process did not allow copy about products to be published on the website unless the wording had been reviewed and approved by a member of their internal regulatory team. They confirmed they had removed the claim about which the ASA received the complaint from their website.

Assessment

Upheld

The ASA noted that under Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, only health claims listed as authorised on the EU Register of nutrition and health claims (the EU Register) could be made in ads promoting foods. Marketers must also ensure that the advertised food met the conditions of use associated with the authorised health claim. Health claims were defined as those that stated, suggested or implied a relationship between a food, or ingredient, and health.

We considered the claim “Supplementing with L-Glutamine (particularly post-workout) can help to restore amino acid levels that are diminished during your workout. Restoring these will provide a fundamental building block for new proteins to be manufactured to help with recovery” would be understood by consumers as a health claim relating to the beneficial effects of L-glutamine on amino acid levels, particularly in relation to helping recovery after exercise. We noted, however, that there were no authorised health claims for L-glutamine, or glutamine, on the EU Register.

We acknowledged that myprotein.com had removed the claim from their advertising after we contacted them, but concluded that because the ad had included an unauthorised health claim, it was in breach of the Code.

The ad breached CAP Code (Edition 12) rules  15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.    15.1.1 15.1.1 Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.
 and  15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register.  (Foods, food supplements and associated health or nutrition claims).

Action

The ad must not appear again in the form complained about. We told The Hut.com Ltd t/a myprotein.com not to make health claims for foods which were not listed as authorised on the EU Register.

CAP Code (Edition 12)

15.1     15.1.1     15.7    


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