The prostate – for many, not an easy topic to talk about. For instance, according to a Prostate Cancer Research survey of people living with prostate cancer, only 2 in 100 of over 350 people felt comfortable discussing side effects such as erectile dysfunction and incontinence. Similarly, many people may let potential embarrassment put them off seeing their GP when they’re worried about particular symptoms.
That being said, many advertisers seem to be talking about the prostate online. As part of a wider piece of work on ads making claims about the treatment of prostate issues several ads were identified for investigation following intelligence gathered by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules.
In July, the ASA published four rulings as a result – let’s take a look at some of the themes that have emerged.
“Tired of frequent trips to the bathroom?”
If you’d like to claim that your product can treat prostate issues related to peeing, these are likely to be regarded as medicinal in nature.
Medicinal claims can only be made for a medicinal product licensed by the Medicines and Healthcare Products Regulatory Agency (MHRA), for instance, or for a medical device (rule 12.1). Claims must be backed by evidence.
In this ruling (Person(s) Unknown t/a Nultqh GB) the ASA looked at an ad for a herbal patch, which contained claims such as “One patch to solve the problem of frequent urination” and “90% reduced urgency”. They considered that consumers would understand such claims to mean that the patch could treat prostate issues including those related to urination. As those were medicinal claims, and because they understood that the product did not have a relevant MHRA licence, the ad was found in breach of the Code.
Similarly, in this ruling (Person(s) unknown t/a Cheerchest Cove), the ASA looked at an ad for a cream which stated “promote natural prostate health and reduce those annoying trips to the bathroom” and “Improve Bladder Control”. This ad was found to be in breach of the Code for the same reasons.
“Reduce prostate enlargement, decrease prostate size naturally!”
The same ad contained text such as “Decrease Prostate Size Naturally”. And a different ad, this time for prostate therapy underwear (Person(s) unknow t/a Cishx GB), stated the product could “94% reduce prostate enlargement”.
The ASA considered that these were likely to be understood as clams that the products could treat prostate issues relating to an enlarged prostate. As those were medicinal claims, and because they understood that the products concerned did not have a relevant MHRA licence or medical device conformity marking, the ads were found in breach of the Code.
“Say goodbye to kidney disease… prevent kidney stones”
Again, as you might have expected, claims to cure “kidney disease”, treat “pesky prostate issues” and “prevent kidney stones” are likely to be regarded as medicinal in nature.
This ruling (Person(s) unknown t/a Mendio Life) was upheld because, again, the ASA had not seen evidence that the product was registered with the MHRA.
Don’t be afraid to talk about it
It’s worth noting that none of the advertisers responded to the ASA’s enquiries.
If you have been contacted by the ASA as part of an investigation into your ad, it’s important to respond under the Code, which states that any unreasonable delay in responding will normally be considered a breach of the Code (rule 1.7).
This also gives you the opportunity to demonstrate you can prove your claims or provide a rationale behind the publication of the ad. You should feel assured that the ASA’s focus is on providing a fair and thorough process for all involved. You can read more about the process here.
And, most importantly, if you’re worried about your own symptoms, speak to your GP.
Need more advice?
If you’re unsure of the likely classification of your product or whether any claims are likely to be considered as medicinal, you should consider seeking advice from the MHRA Borderlines team. Not least because, depending on the presentation of the product and its function, a seemingly non-medicinal product may sometimes meet the definition of a medicinal product, therefore triggering the need for a medicines licence.
For further advice on our Code, visit our AdviceOnline library, and if you need bespoke advice on your non-broadcast ads, our Copy Advice team are here to help.
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