Ad description
Claims on www.dreamwell.co.uk, visited on 17 December 2011, promoting adjustable furniture was headlined "The Dreamwell Multi Massage Systems". Text stated "Available in all our adjustable beds and chairs giving benefits of a deep, relaxing, penetrating massage". Further text under the heading "The benefits massage may bring you" stated "Improved circulation, Stimulates the brain to release natural painkiller, Improved blood supply to muscles boosting energy flow, May improve the rate at which the body recovers from injury or illness, Stimulates skin and nervous system whilst relaxing the nerves and boosting the immune system, Helps improve the range of movement, Can lessen inflammation and swelling in joints by eliminating harmful deposits, Can compensate for lack of exercise and muscular contraction if, because of age, it is necessary to be inactive".
Issue
The complainant challenged whether the listed health benefits from the bed's massage function were misleading and could be substantiated.
Response
Dreamwell Ltd (Dreamwell) said that the therapy massage was located in the mattresses and not in the base of their beds like most competitors. They felt that that feature produced less noise and vibration, but the key factor was that the therapy was a lot closer to a person's body. They said they had built up a large dossier of satisfied customers and provided some testimonials. They also provided a number of 60-Day Record cards, in which customers had filled out their experiences of using the mattresses for the first 60 days, updating the card at 10-day intervals, and which provided customers' comments on the conditions and health benefits listed in the ad.
Assessment
Upheld
The ASA noted that the ad stated "The Dreamwell Multi Massage Systems Available in all our adjustable beds and chairs giving benefits of a deep, relaxing, penetrating massage" and considered that readers would understand from the ad that the use of the massage function in that furniture could bring about the benefits listed, including improved circulation, pain relief, improvement in the rate at which the body recovers from injury or illness, boosting the immune system, improved range of movement, reduced inflammation and swelling in joints by eliminating harmful deposits and compensation for lack of exercise and muscular contraction.
We noted that the 60-day report cards provided positive comments about the product and the individual effects that had been experienced by some of the customers who had purchased the mattress, relating to some of the specific benefits listed. However, we considered that the testimonials alone were not sufficient to constitute support for the ad's claims that massage could achieve the benefits listed in the ad and considered that the opinions expressed should also be supported with independent evidence of their accuracy.
Because we did not consider that we had seen sufficient evidence to support the efficacy claims in the ad, we concluded that the brochure was misleading.
The claims 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).
Action
The claims must not appear again in their current form.
