Ad description
An Amazon listing by Comfort Click Ltd t/a WeightWorld, seen 18 May 2020, for a foot and leg massage therapy machine. The ad included the product name “WeightWorld Circulator - Scientifically Tested Electric Foot & Leg Massage Therapy Machine, Circulation Massage Muscle Mobility Booster, EMS Tens Relief for Tired Legs, Feet Stimulator Reflexology”. In the product description text stated “Using advanced EXOPulse electrical impulses to stimulate muscles”, “This is great for people who suffer from tired legs and find it hard to move around and have body pain from it” and “Nerve pain or cramps in your muscles away from your feet and legs? Our advanced massager machine comes with TENS pads that can be stuck to your back, arms, shoulders and other areas of the body for total body muscle relief”.
Issue
Actegy Ltd challenged whether the ad made medical claims for an unlicensed product.Response
Comfort Click Ltd t/a WeightWorld acknowledged that there were some words and phrases in the ad which could be deemed unauthorised medical claims. They said they would be reviewing the ad and that they would not be selling the product while that was ongoing.Assessment
Upheld The CAP Code stated that medical claims may be made for CE-marked medical devices. In itself CE certification did not constitute evidence for any medical efficacy claims, and advertisers needed to ensure that they held evidence for such claims. The ad stated “Nerve pain or cramps in your muscles away from your feet and legs? Our advanced massager machine comes with TENS pads that can be stuck to your back, arms, shoulders and other areas of the body for total body muscle relief”. The ad also claimed that, “This is great for people who suffer from tired legs and find it hard to move around and have body pain from it”. The ASA considered that consumers would understand those to be medical claims that the WeightWorld Circulator could treat the symptoms and conditions listed. We had not seen any evidence to demonstrate that the product was a CE-marked medical device and because of that, no medical claims could be made for the product. For that reason, we did not assess evidence for the claims. Because the ad made medical claims for a product which was not a CE-marked medical device we concluded that the ad breached the Code. The ad breached CAP Code (Edition 12) rule 12.1 12.1 Radio Central Copy Clearance – Radio broadcasters must ensure advertisements subject to this Section are centrally cleared.(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear in its current form. We told Comfort Click Ltd t/a WeightWorld to ensure that future ads did not contain medical claims unless they could demonstrate that the product was a CE-marked medical device.
