Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Claims to treat or prevent 'human disease' are not acceptable in advertising
Avoid making claims to treat the syptoms of the menopause
Mental health conditions are likely to be defined as a ‘disease’ for the purposes of the Code rule.
Claims to treat or prevent developmental conditions including autism and ADHD are not permitted
Claims to treat or prevent 'human disease' are not acceptable in advertising
CAP Code rule 15.6.2 reflects the requirement at Article 7(3) of Regulation (EU) No 1169/2011 on the provision of food information to consumers (the FIC) that “food information shall not attribute to any food the property of preventing, treating or curing a human disease, nor refer to such properties”.
As such, claims to “prevent, treat or cure human disease are not acceptable in marketing communications for food products”. Such medicinal claims can only be made for a medicinal products which are licensed by the MHRA, please see “Healthcare: Medicinal claims”.
CAP understands that symptoms of the menopause and developmental conditions like autism, which are not usually referred to as ‘diseases’ outside of this context, are likely to be caught by rule 15.6.2
Marketers are reminded that claims to “help with [heath condition]”, “support people with [health condition]” or “reduce the symptoms of [health condition]” are also likely to be considered claims to “treat” and would therefore be problematic.
Claims to “treat”, “prevent” or “cure” human disease should be distinguished from disease risk reduction claims, which are permitted in advertising but only if they are authorised on the GB NHC Register in relation to an ingredient in the food or food supplement (see CAP Advice on Reduction of disease risk claims).
In 2020, during the COVID-19 pandemic, multiple marketers made claims (direct and implied) that their food and food supplement products could help protect against the flu and other viruses or, and in at least one instance, prevent COVID-19. Such claims were considered to be disease prevention or treatment claims that were prohibited (Chuckling Goat Ltd, 13 May 2020 and Revival Drinks Ltd, 27 May 2020).
In 2021 a YouTube pre-roll ad for a food supplement included testimonials which included the claims “I don’t get sick” and “my pain totally disappeared”. The ad also made references to reduced “inflammation”. The ASA subsequently ruled that the ad made prohibited claims that the food supplement could prevent, treat or cure human disease (Lyma Life Ltd, 22 September 2021).
Marketers should also be aware that claims that a food product can treat or prevent hangovers may also fall under the definition of a prohibited claim to prevent or treat “human disease”, even though it is a self-inflicted health condition (Bounce Back Drinks Ltd, 22 January 2020 and Hangcure Ltd, 15 May 2024).
References to a food or food supplement as having “antibacterial” and “antiseptic” properties and claims to help prevent or treat allergies, including hay fever, have also been found by the ASA to be claims to treat human disease, for the purposes of the Code (Medibee Ltd, 4 January 2024).
Avoid making claims to treat the symptoms of the menopause.
Although the menopause is a stage of life rather than a medical condition, claims to treat the symptoms of the menopause (and perimenopause) are likely to be considered claims to treat “human disease” (for the purposes of the Code).
In 2024, the ASA published a series of social media ad rulings about food supplements which referred to the product as a ‘menopause support supplement’ (or similar). The ads included references to menopausal symptoms which included hot flushes/flashes, sleep issues, fatigue, and night sweats.
The ASA considered that those references to helping with the symptoms of the menopause were claims to treat human disease, and that the ads therefore breached the Code.
The ASA has also ruled that even very general claims such as “menopause supplement” and “menopause support” are likely to be considered claims to treat menopausal symptoms and therefore also likely to breach the CAP Code (Feel Holdings, 17 July 2024).
Mental health conditions are likely to be defined as a ‘disease’ for the purposes of the Code rule.
Claims to treat or prevent mental health conditions including depression and anxiety will likely be considered claims to treat “human disease” and are therefore not permitted.
The ASA has ruled that a variety of claims to treat anxiety were problematic under rule 15.6.2 including “filled with goodness that will help you to stay focussed, stay calm and help with the effect of anxiety”, “reduce[s] stress and anxiety”, “reduce anxiety and depression”, and “less anxiety”. (Nowt Ventures Ltd, Nutriburst Ltd, Well Gummies and Innocent Health Ltd - 24 July 2024).
Claims to treat or prevent developmental conditions including autism and ADHD are not permitted.
The ASA and CAP recognise that autism, ADHD and neurodivergent conditions are not typically classed as ‘diseases’. It also recognises that references to such conditions as ‘diseases’ could be considered offensive to some. However, this is the wording that is used in the legislation and the CAP Code reflects that.
Where the ASA references “human disease” in its rulings which address advertising claims that foods and food supplements can be used to treat or cure ADHD, autism and neurodivergent conditions, it is intended to reflect the wording of the Code rule (15.6.2).
In 2024, the ASA considered an ad for a food supplement which included claims “secret weapon parents of ASD kids swear by” and “Autism focused, Packed with ingredients that help your child thrive emotionally, mentally and socially”. The ad also included the testimonial “This has helped my 5 year old with Level 2 autism so much. Within the first week his melt downs decreased by 80%. He is communicating so much better…he is starting to show kindness and empathy to his little sister…”. The ASA ruled that the claims that the product was for children with autism or autism spectrum disorder (ASD) and would help with symptoms commonly associated with that condition would, for the purposes of the Code, fall within the definition of claims to treat or cure human disease. It therefore ruled that the ad breached the Code (Aspire Nutrition, 3 July 2024).