Ad description
The website www.jes-extender.me.uk, for a penis enlargement device, stated “Clinically tested with excellent results, the Jes-Extender is a pain free treatment to enlarge your penis comfortably and easily. The Jes-Extender penis enlargement tool can enlarge the length of your penis without surgery by using the method of traction … grow your penis by up to 24% from its original size … Increase your penis size by 1.1 inches over 4 months with 1200g of traction force … This gives an additional 0.74 inches to the penis when flaccid … You can expect a weekly average growth of 0.07 inches".
Issue
The complainant challenged whether the efficacy claims were misleading and could be substantiated.
Response
Comfort Click Ltd t/a Jes Extender provided a range of materials, such as promotional brochures, an explanation on how the product worked, trial summaries, references to studies and physician testimonials which they said supported the claims made for the product.
Assessment
Upheld
The ASA noted that the ad claimed that the Jes Extender could enlarge penis length by almost a quarter of its previous size. Given the nature of the claim we required Jes Extender to submit full studies to assess whether the claim could be substantiated. We acknowledged the materials provided by Jes Extender which included promotional materials, background information, trial summaries and testimonials. However, we did not consider these to be sufficient evidence alone to support the claims. Because we had not seen sufficient evidence to support the claims that Jes Extender could enlarge penile length, we concluded the claims were misleading and had not been substantiated.
The ad 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 ad must not appear again in its current form. We told Comfort Click Ltd t/a Jes Extender not to make efficacy claims for their product in the absence of adequate substantiation.
