Ad description

A paid for Facebook ad for Aspire Nutrition, a supplements retailer, seen in April 2024 featured text that stated, “The secret weapon parents of ASD kids swear by: ‘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…’ Tara K. Verified Buyer…” A picture of a generic bottle was shown under the text, “Regular Vitamins” and featured the claims, “Partially absorbed. Not Autism-Specific. Missing Nutrients”, each with a red cross by the side of them.

Next to that image was a picture of an Aspire Nutrition bottle, beneath the text, “Multi+”. Text below the bottle stated, “3x more absorption, Autism focused, Packed with ingredients that help your child thrive emotionally, mentally and socially”, all with green ticks beside them. Further text said, ‘“Bentley of Vitamin Products” for ASD Kiddos. As parents of children with autism, we all share the same dream: to see our children thrive in school…”.

Issue

The ASA challenged whether the claims that the supplement, or substances in them, could help to prevent, treat or cure autism was in breach of the Code.

Response

Aspire Nutrition said the post was a “retargeting ad” that was displayed to consumers who had visited their website. They explained that they currently did not advertise directly to UK residents. Since being informed of the complaint they had stopped ads being sent to UK residents who visited their website and withdrawn the ad entirely for all audiences.

Assessment

Upheld

The CAP Code prohibited claims which stated or implied a food could prevent, treat or cure human disease.The ad stated that the product was the “secret weapon parents of ASD kids swear by” and the “‘Bentley of Vitamin Products” for ASD Kiddos”. Further to that the image of the Aspire Nutrition bottle had text beneath that said that it was “Autism focused, Packed with ingredients that help your child thrive emotionally, mentally and socially”. Finally, the testimony in the ad from Tara K stated, “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 understood 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. While we welcomed Aspire Nutrition’s steps to prevent future ads being shown to UK consumers we concluded the ad breached the Code.

The ad breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).

Action

The ad must not appear again in the form complained of. We told Aspire Nutrition to ensure their future advertising did not make claims that food could prevent, treat or cure human disease.

CAP Code (Edition 12)

15.6     15.6.2    


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