Background
Summary of Council decision:
Three issues were investigated all of which were Upheld.
Ad description
A website, www.water-for-health.co.uk, featured various claims for Alkaline Water Products. The ad stated "How does Alkaline Ionized Water differ from ordinary tap or bottled water? ... Alkaline ionized water is different from ordinary tap or bottled water in several positive ways which can have significant health benefits ... The pH of most tap waters in the UK and most bottled waters is in the order of 7.0 to 8.0 - which is just slightly alkaline. Alkalizing that water will raise the pH to between 8.5 and 9.5 ... Consequently this change in pH is beneficial to help to neutralize excess tissue acidity ... Alkaline ionized water has got electrons to donate to help neutralize damaging free radicals ... Alkaline ionized water has an abundance of active hydrogen. Active hydrogen helps to neutralise oxygen free radicals which are implicated with aging and degenerative disease ... Alkalizing the water through an alkalizing process will change the structure of the water. This change in structure of the water molecules makes them more absorbable than ordinary tap or bottled water. Additionally these smaller water molecular clusters have got more energy ... Using Natural minerals to alkalise water helps to increase the mineral content ... Also the minerals in the filters emit far infrared energy which is believed to have a therapeutic effect.
A subsequent web page headed "Wave Q Vortex Water" stated "The Wave Q is a special energising water device that sits neatly on your worktop ... The combination of the vortex, the magnetic field and the special minerals results in an increased amount of hexagonally structured water. It also results in an enhanced concentration of oxygen in the water, together with active hydrogen. Active hydrogen is now understood to have antioxidant properties ... According to the theory of Japanese Scientist Dr Mu Shik Jhon's water that is hexagonally structured moves within biological organisms with greater ease. It appears to enhance nutrient absorption and the removal of metabolic wastes. His view is that a healthy cell is surrounded by hexagonal water. He believes that a loss of hexagonal water from the organs and tissues results in accelerated aging and we need to replenish the body with plenty of hexagonally structured water to increase vitality and slow down the aging process ... CE marked".
Issue
The complainant challenged whether the claims:
1. related to alkalizing water were misleading and could be substantiated;
2. that infrared energy had a therapeutic effect was misleading and could be substantiated;
3. for hexagonal water were misleading and could be substantiated.
Response
1. Water for Health Ltd (Water for Health) submitted abstracts and studies which they said demonstrated the effectiveness of drinking hydrogen rich water and that alkaline water had antioxidant properties. They said the trials used very similar technology to their product. Water for Health said the antioxidant effect of alkaline water was not a medical claim but a scientific fact. They said, to determine the oxidant or reduction effect of water, the oxidation/reduction potential (ORP) was measured. Water for Health sent a test report which they said showed the filtered water from their product had antioxidant properties.
2. Water for Health said the web page stated that it was believed that far infra-red energy had a therapeutic effect and did not imply anything more. They supplied a link with a list of abstracts on far infrared energy which they said supported the claim. They said that although the articles were primarily about the use of far infrared in saunas they showed the technology had a therapeutic effect.
3. Water for Health said the statements relating to Wave Q were clear that the concept of hexagonal water was the theory of Dr Jhon, and were not presented as fact. They said they would re-write this text to avoid any doubt.
Assessment
1. Upheld
The ASA noted the studies supplied by Water for Health were based on the purported effectiveness of hydrogen-rich water on patients undergoing radiotherapy for liver cancer, subjects with type 2 diabetes, rheumatoid arthritis and people with potential metabolic syndrome. We did not consider the studies appropriate to support the claims made because they were not representative of the general population and we had not seen evidence that the claims were generally accepted by the scientific community. We noted Water for Health's assertion that ORP tests had shown that filtered water from their product had antioxidant properties. However, in the absence of robust clinical data that proved the filtered water exerted a beneficial physiological effect that protected the body's cells and molecules from oxidative damage, we did not consider the test report sufficient evidence to support the antioxidant claim. In the absence of robust evidence to support the claims that alkaline water could neutralise excess tissue acidity and neutralise damaging free radicals, we concluded the claims were misleading.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration),
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
and
12.7
12.7
References to the relief of symptoms or the superficial signs of ageing are acceptable if they can be substantiated. Unqualified claims such as "cure" and "rejuvenation" are not generally acceptable, especially for cosmetic products.
(Medicines, medical devices, health related products and beauty products).
2. Upheld
We noted the link supplied included various abstracts based on animal, in vitro studies and most of the studies used far infrared in saunas. However, because we had not seen robust evidence to support the claim that far infrared energy had a therapeutic effect in the general population, in relation to the advertised product, we therefore concluded the claim was misleading.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation), and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, health related products and beauty products).
3. Upheld
We noted the advertiser's assertion that the claim by Dr Jhon was based on his theory and not presented as fact. However, we considered consumers would interpret the claim as a theory based on evidence, particularly because it appeared to be endorsed by a scientist. Because the advertiser did not submit evidence to support the claims made by Dr Jhon, we concluded the claims were misleading.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.47
3.47
Claims that are likely to be interpreted as factual and appear in a testimonial must not mislead or be likely to mislead the consumer.
(Endorsements and testimonials),
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
and
12.7
12.7
References to the relief of symptoms or the superficial signs of ageing are acceptable if they can be substantiated. Unqualified claims such as "cure" and "rejuvenation" are not generally acceptable, especially for cosmetic products.
(Medicines, medical devices, health related products and beauty products).
Action
The ad must not appear again in its current form. We told Water for Health Ltd not to make claims unless they were supported by robust scientific evidence.
