We're signalling our determination to clamp down on misleading and potentially harmful advertising claims by referring two advertisers, for the first time, to Trading Standards under the new legal backstop regime.

Electronic Healing and Fahrenheit60 Ltd have been referred to Trading Standards, the ASA’s legal backstop, for persistent misleading advertising health claims in breach of the Advertising Code. Unproven health claims to treat medical conditions can discourage potentially vulnerable people from seeking professional advice for those conditions.

Since 2013, responsibility for our backstop power lies with the National Trading Standards Board (NTSB) who work with the London Borough of Camden to undertake any necessary enforcement work. Camden Trading Standards has accepted the referrals and is now investigating both companies’ advertising.

Electronic Healing was subject to two formal investigations by the ASA and found in breach of the rules for making misleading efficacy claims on its website for its ‘Bob Beck Protocol’ and ‘Liquid Oxygen Drops’. It claimed that Bob Beck Protocol “kills or disables microbes (virus, bacteria, and fungus) in the body” while Liquid Oxygen Drops were “credited with a multitude of significant health benefits from healthy energy to immunity and disease prevention”. A video on its website also claimed that The Bob Beck Protocol could “amplify the immune system, remove the need for flu vaccinations, increase oxygen in the blood, reduce HIV infection levels and help fibromyalgia”.

Fahrenheit60 Ltd was formally investigated by the ASA and found in breach of the rules for making misleading efficacy claims on its website about its soft drink, ‘Aspire’. It claimed the drink could create a “thermogenic” reaction which could increase metabolism and burn up to 200 calories per can. It also claimed that ingredients in the drink would boost metabolism, suppress appetite, accelerate weight loss and oxidise fat.

Both advertisers failed to provide adequate evidence to support their claims and were placed on a list of non-compliant online advertisers on the ASA website. Despite this they continued to make problem claims.

Trading Standards provides a legal backstop for the ASA in relation to misleading, aggressive or otherwise unfair non-broadcast advertising. Where an advertiser is unwilling or unable to stick to the rules and continues to mislead consumers or business the ASA can refer to Trading Standards who will consider statutory action, including warnings and seeking criminal prosecutions or civil enforcement orders.

Commenting on the referral, ASA Chief Executive Guy Parker says: “Misleading advertising is unfair, but a misleading health claim can also be particularly harmful. Our referrals to Trading Standards are a clear warning to those who won’t stick to the rules that they face the prospect of legal sanctions. And these are just the first referrals: we’re preparing our cases against other advertisers who persist in making misleading claims.”

Lord Toby Harris, Chairman of the NTSB says: “The self-regulation system operated by the ASA works very well but key to this is those few firms who won’t comply, knowing that they will face formal enforcement action if required. We are very pleased to be working with Camden and ASA to ensure the system works well for legitimate businesses and for consumers”.

Background information

The ASA’s formal upheld ruling against Fahrenheit60 Ltd can be read in full here

The ASA’s formal upheld ruling against Electronic healing can be read in full here

The non-compliant online advertisers section on the ASA website is a list of traders who continue to make claims on their online sites that do not comply with the UK Advertising Code despite repeated requests for changes from our Compliance teams. Details of each non-conforming trader remain in place until they have appropriately amended their marketing in line with the Advertising Code. 

---

More on

• Legal and regulation
• Misleading

---