Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A Facebook post for the tanning salon Basetan, seen on 11 February 2020, stated "Sunbeds and sunlight are the main sources of your bodies [sic] Vitamin D … Vitamin D is essential for good health. It lowers the risk of everyday infections like cold and flu as well as more fatal diseases such as high blood pressure, type 1 diabetes, multiple sclerosis and depression … Studies suggest that regular, moderate Sunbed use will raise the levels of Vitamin D in healthy adults by an average of 40% ... Tanning in a sensible manner can create a whole host of health benefits".
Issue
The complainant challenged whether the ad:
1. discouraged essential treatment for conditions for which medical supervision should be sought, namely high blood pressure, type 1 diabetes, multiple sclerosis, and depression;
2. misleadingly implied that using sunbeds was an efficient way to boost vitamin D production; and
3. was irresponsible because it encouraged the regular use of sunbeds to improve vitamin D levels.
Response
Basetan did not respond to the ASA’s enquiries.Assessment
The ASA was concerned by Basetan's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional. The ad referred to “high blood pressure, type 1 diabetes, multiple sclerosis” and “depression”, which were conditions for which medical supervision should be sought, and therefore advice, diagnosis or treatment must be conducted under the supervision of a suitably qualified medical professional. We had not seen evidence to show that Basetan’s tanning services were provided under the supervision of a suitably qualified health professional. We considered that in the absence of such a professional the ad therefore discouraged essential medical treatment for conditions for which medical supervision should be sought.
The ad therefore breached the Code. On that point ads (a) and (b) breached CAP Code (Edition 12) rule
12.2
12.2
Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered (see rule
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.
).
Health professionals will be deemed suitably qualified only if they can provide suitable credentials, for example, evidence of: relevant professional expertise or qualifications; systems for regular review of members' skills and competencies and suitable professional indemnity insurance covering all services provided; accreditation by a professional or regulatory body that has systems for dealing with complaints and taking disciplinary action and has registration based on minimum standards for training and qualifications.
(Medicines, medical devices, health-related products and beauty products).
2. & 3. Upheld
The ad included the claims "Sunbeds and sunlight are the main sources of your bodies [sic] Vitamin D” and “studies suggest that regular, moderate Sunbed use will raise the levels of Vitamin D in healthy adults by an average of 40%”. We considered those claims implied that using sunbeds was the most efficient way to boost vitamin D levels. However, Basetan did not provide any evidence to substantiate that claim and we therefore considered that the claim was misleading and breached the Code in that regard. Furthermore, we noted that sunbeds were not recommended by the NHS as a source of vitamin D. The NHS website stated that “a tan is your body's attempt to protect itself from the damaging effect of UV rays. Using a sunbed to get a tan isn't safer than tanning in the sun. It may even be more harmful, depending on factors such as, the strength of UV rays from the sunbed, how often you use a sunbed, the length of your sunbed sessions, your skin type - for example, whether you have fair or dark skin, your age …” and that “using sunbeds is not a recommended way of making vitamin D”. Although the ad referred to “moderate use of sunbeds” and “tanning in a sensible manner”, we considered that this did not counteract the overall message of the ad, which encouraged the regular use of sunbeds to improve vitamin D levels.
In the context of NHS advice about sunbed use, we therefore concluded that the ad also breached the Code because it irresponsibly encouraged the use of sunbeds to improve vitamin D levels. On that point the ad breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility),
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 ad must not appear again in its current form. We told Basetan to ensure they did not discourage essential treatment for which medical supervision should be sought. We told them not to imply that sunbeds were the most efficient way to increase vitamin D levels and not to encourage consumers to improve their vitamin D levels through regular sunbed use. We referred the matter to CAP’s Compliance team.
