The Advertising Standards Authority (ASA) has banned six adverts that made dubious claims about their ability to treat stress and anxiety, with two of the products containing unauthorised novel foods. These adverts were flagged by the ASA’s Active Ad Monitoring System, which proactively searches for online ads that may breach advertising rules.
The ASA clarified that the bans were not due to a lack of medical evidence but because “ads can’t claim a product can treat human disease unless licenced to do so.” This decision follows a recent trend of the ASA targeting supplement ads, with three others banned just two weeks ago for similar claims about conditions including Autism and ADHD.
Misleading Claims and Unauthorised Ingredients
One of the banned adverts was for Nutriburst, which claimed it could “strengthen muscles” and “fight fatigue,” and promised to “unlock a stronger body and state of mind.” Another set of ads from Innocent Health made exaggerated claims about stress and fatigue reduction, specifically overhyping the benefits of vitamin B12.
Well Gummies also faced the ASA’s scrutiny, with their ads suggesting the supplements could “prevent future diseases,” “clear acne,” and “reduce symptoms of anxiety and depression.” Additionally, a Vitality Greens supplement was flagged for containing Turkey Tail, a novel food substance not approved for medicinal use in the UK.
Feel Güd’s adverts were banned for making unsubstantiated claims about improving immunity, brain function, and focus. These products contained unapproved substances such as Lion’s Mane, Chaga, and Reishi.
The ASA’s Verdict
The ASA ruled that none of these adverts could appear again in their current form and reminded businesses that general health claims must be backed by specific, authorised health claims in compliance with the CAP Code. The watchdog emphasised that claims implying a product can treat human diseases are prohibited unless the product is licenced for such use.
Behind the Rulings
This ruling is part of a broader initiative targeting misleading supplement claims, specifically those suggesting they can treat anxiety. The ASA’s Active Ad Monitoring system played a crucial role, using AI to identify potential breaches in advertising regulations.
Summary of Council Decision:
Three issues were investigated regarding the Novomins Nutrition ad, all of which were upheld:
- Claims of “less stress” and “less anxiety” were deemed to imply treatment of human disease, violating CAP Code rules 15.6 and 15.6.2.
- Specific health claims about “reduction in tiredness and fatigue,” “prepare for a goodnight’s sleep,” and “deeper sleep” were found to breach the Code as there were no authorised health claims for sleep quality.
- General health claims like “a happier & healthier you” were also in violation as they were not accompanied by authorised specific health claims.
The Industry’s Response
Innocent Health Ltd, trading as Novomins Nutrition, provided studies supporting the benefits of magnesium, vitamin B12, inositol, and L-tryptophan. However, they agreed to remove the non-compliant claims. The company highlighted that their products contained sufficient quantities of niacin and vitamin B12 to support the claim of “reduction in tiredness and fatigue,” though they acknowledged the claims about sleep quality were inappropriate and removed them.
The Path Forward
The ASA’s actions highlight the importance of honesty and compliance in advertising, particularly in the health supplement sector. Companies are urged to ensure their claims are backed by authorised evidence and to avoid exaggerations that could mislead consumers.
Conclusion
As the ASA continues to monitor and regulate supplement adverts, businesses must adapt by ensuring their marketing strategies align with regulatory standards. Misleading health claims not only breach advertising codes but can also undermine consumer trust. The ASA’s proactive stance serves as a reminder that integrity and accuracy are paramount in advertising.
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Reference: https://www.asa.org.uk/rulings/innocent-health-ltd-a24-1239908-innocent-health-ltd.html
