Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
Two paid-for Facebook ads for Vivanmn, a supplement company, seen in February and March 2025:
a. The first ad stated, “Low energy, poor focus or restless nights? Just one NMN capsule a day helps you recharge, refocus, and enjoy a deeper, more restful sleep”. Further larger text stated, “THIS IS NOT SPEED”. Beneath that text was an image of a bottle of capsules and to the left there were four boxes. Inside the first box was an image of a brain and the text “MENTAL CLARITY”. In the second was an emoji with a monocle and the text “LASER FOCUS”. In the third was an image of lightning and the text “INCREASED ENERGY”. The fourth box had an emoji of a smiling face and the text “HAPPY MOOD”.
b. The second ad stated, “Elevate Your Energy, Enhance Sleep, and Increase Stamina with Just One NMN Capsule Daily”. Further larger text stated, “THIS IS NOT ADDERALL”. Beneath the text was the same content as ad (a).
Issue
The complainant challenged whether:
- ad (a) included claims to prevent, treat or cure human disease; and
- the specific health claim in ad (a) complied with the Code.The ASA challenged whether:
- ad (b) included claims to prevent, treat or cure human disease; and
- the specific health claims in ad (b) complied with the Code.
Response
1., 3. & 4. Viva Research Ltd t/a Vivanmn said regarding the claims "THIS IS NOT SPEED" and "THIS IS NOT ADDERALL", their intent was to clarify that their product was not a medicine and did not possess the properties of the medicines mentioned. Therefore, the use of speed and Adderall was only to make clear their product was a dietary supplement. They said further, their ads made no claims to treat, prevent or manage attention deficit hyperactivity disorder (ADHD) or any other medical condition.
2. Vivanmn explained that the reference to "Low energy" in ad (a) was intended to describe a non-specific feeling experienced by many individuals. It did not refer to a medical condition but the general well-being of an individual that could be influenced by a multitude of lifestyle factors. They reiterated that their product was not advertised to diagnose or treat medical conditions and existed to support general wellness only.
They said, based on any feedback, they were open to making amendments to the ads that better aligned them to the CAP Code.
Assessment
1. & 3. 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. It also stated that medicinal claims may be made for a medicinal product that was licensed by the MHRA or under the auspices of the EMA. Medicines must have a license from the MHRA or under the auspices of the EMA before they were marketed.
Ad (a) stated “… poor focus or restless nights? Just one NMN capsule a day helps you recharge, refocus, and enjoy a deeper, more restful sleep”. The ad also listed “MENTAL CLARITY”, “LASER FOCUS” and “HAPPY MOOD” and then stated, “THIS IS NOT SPEED”. The ASA understood “speed” was a colloquial term for amphetamine sulphate when used as a recreational drug. We further understood that some medicines prescribed for the treatment of ADHD in the UK contained amphetamine sulphate. We therefore considered that in the context of the claim “THIS IS NOT SPEED” the claims about assisting with focus, mental clarity, sleep and mood, all of which were affected by ADHD, would be interpreted as references that the product could treat those symptoms.
Ad (b) stated “… Enhance Sleep … with Just One NMN Capsule Daily”. The ad also listed “MENTAL CLARITY”, “LASER FOCUS” and “HAPPY MOOD” and then stated, “THIS IS NOT ADDERALL”. Adderall was prescribed in the United States for the treatment of ADHD. We therefore considered that in the context of the claim “THIS IS NOT ADDERALL” the claims about assisting with focus, mental clarity, sleep and mood, would be interpreted as meaning the product could treat the symptoms of ADHD.
In addition, we further considered that the reference in ad (b) to “ADDERALL” implied that the food supplement had the same effects as the prescription-only medicine. That claim therefore implied that the food supplement had medicinal properties, which fell under the prohibited claims that a food could prevent, treat or cure human disease. Additionally, claims that a product had medicinal properties may only be made for a licensed medicinal product. We had not seen evidence that the product was appropriately licensed.
For those reasons we concluded the highlighted claims in ads (a) and (b) were, for the purposes of the legislation reflected in the Code, claims to treat disease, which were prohibited for food and food supplements. In addition, because ad (b) featured a claim that an unlicensed product had medicinal properties, we concluded it breached the Code.
On those points, ad (a) breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims) and ad (b) breached CAP Code (Edition 12) rules 12.1 and 12.11 (Medicines, medical devices health-related products and beauty products), 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
2. & 4. Upheld
The CAP Code required 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 CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health.
We considered the claim “INCREASED ENERGY” in ad (a) would be understood by consumers to mean that the supplement would improve energy levels. We further considered that the claim “Elevate Your Energy … and Increase Stamina with Just One NMN Capsule Daily” in ad (b) would be understood by consumers to mean that the supplement would improve energy levels. We considered those claims were specific health claims for the purposes of the Code, because they implied that the product had the beneficial health effects listed above. However, we had not seen any evidence which demonstrated that the claims were authorised on the GB NHC Register in relation to the supplement or any of its ingredients, and they therefore breached the Code.
On those points, ads (a) and (b) breached CAP Code (Edition 12) rules 15.1 and 15.1.1 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told Viva Research Ltd to ensure their ads did not make claims that a food or food supplement could prevent, treat or cure human disease, which for the purposes of the Code included claims to treat or cure ADHD. We also told them not to make medicinal claims for unlicensed products and to ensure any specific health claims were authorised on the GB Register and complied with the conditions of use for those claims.
CAP Code (Edition 12)
12.1 12.11 15.1 15.1.1 15.6 15.6.2
