Background
Summary of Council decision:
Two issues were investigated both of which were Upheld.
Ad description
A website, www.alcopal.com, for Alcopal tablets, featured text that stated "New Alcopal tablets guarantee to improve impairments caused by consuming alcohol. Enjoy your night out without the fear of being spiked or ending up in a drunken stupor. Alcopal's clever little ingredient prevents alcohol being absorbed through the stomach and into the bloodstream; it also gives some protection to the liver and kidneys".
Issue
1. Two complainants, including Birmingham Trading Standards, challenged whether the claim "Alcopal's clever little ingredient prevents alcohol being absorbed through the stomach and into the bloodstream" was an authorised health claim on the EU Register of Nutrition and Health Claims made on Foods (the 'EU Register').
2. One of the complainants also challenged whether the claim "Alcopal's clever little ingredient ... also gives some protection to the liver and kidneys" was an authorised health claim on the EU Register.
Response
Alcopal Ltd did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Alcopal's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.
1. Upheld
We noted that, according to EU Regulation 1924/2006 on Nutrition and Health Claims, which was reflected in the CAP Code, only health claims listed as authorised on the EU Register were permitted in marketing communications. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food, or ingredient, and health.
We noted the ad stated "Alcopal tablets help reduce alcohol related impairments", "Enjoy your night out without ... ending up in a drunken stupor", and "gives some protection to the liver and kidneys". In that context, we considered the claim "Alcopal's clever little ingredient prevents alcohol being absorbed through the stomach and into the bloodstream" presented Alcopal tablets as having an effect on a function of the body ‒ the absorption of alcohol into the bloodstream ‒ which had a beneficial effect on health, namely a reduction in the negative effects of alcohol consumption. We therefore considered the claim was an implied health claim. In the absence of evidence that there were any such health claims authorised on the EU Register for Alcopal or its ingredients, we concluded that it breached the Code.
On this point, the ad breached CAP Code (Edition 12) rule
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.
(Food, food supplements and associated health or nutrition claims).
2. Upheld
We considered the claim "Alcopal's clever little ingredient ... also gives some protection to the liver and kidneys" implied that Alcopal tablets were beneficial for the health of the liver and kidneys. However, the claim did not specify what that beneficial health effect was. The Code required that references to general non-specific health benefits, such as this, must be accompanied by a specific authorised health claim on the EU Register. In the absence of evidence to demonstrate that the claim was accompanied by a related specific authorised health claim, we concluded that the claim breached the Code.
On this point, the ad breached CAP Code (Edition 12) rule 15.2 (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in its current form. We told Alcopal Ltd to ensure they did not make unauthorised health claims in future and to ensure that claims which referred to general, non-specific health benefits were accompanied by a specific authorised health claim.
