Ad description
Five Instagram posts on the Dirtea Instagram page and a paid-for Facebook ad, seen in February 2023:
a. The first Instagram post included a video, which featured a woman who said, “[…] And reishi, the queen of mushrooms. Fantastic for anxiety, stress and a great night’s sleep.”
b. The second Instagram post included text which stated, “Lion’s mane […] can even help with repairing and regenerating nerves and support dementia and Alzheimer’s. […] #adhd #nervepain #dementia #alzheimers #alzheimer #memoryloss #mentalclarity […]”. An accompanying video featured a man who said, “It also has this incredible ability to repair and regrow nerves. So if you have someone going through a degenerative disease such as Alzheimer’s or dementia, I really recommend you check out lion’s mane.”
c. The third Instagram post included text which stated, “The Cordyceps mushroom is a powerhouse for all things energy, endurance, stamina and hormones! Not only can it help to balance your hormones, but it can even help to increase your libido […] #hormonebalance #pms #menopause […]”. An accompanying video featured a woman who said “Cordyceps mushroom is […] also fantastic for balancing your hormones and issues with PMS”.
d. The fourth Instagram post included text which stated, “Chaga has shown to do wonders for the skin, including […] things like acne, blemishes or skin pigmentation. It also offers potent anti inflammatory and immune boosting properties”. An accompanying video featured a man who said, “[…] Another benefit of chaga is it is incredible for skin, so it can actually get rid of blemishes like acne, rosacea, even eczema.”
e. The fifth Instagram post included text which stated, “[…] how to curb your anxiety with REISHI. Also known as The Calming Mushroom […]”. An accompanying video featured a conversation. A woman said, “I am feeling a little anxious lately. I was wondering what mushroom you would suggest?” In response, “Reishi … It is also one of the most researched mushrooms in the world […] It has a compound called triterpene.” A screenshot was shown that stated, “What are triterpenes used for? Triterpenoids are used for medicinal purposes in many Asian countries for anti-inflammatory, analgesic, antipyretic, hepatoprotective, cardiotonic, sedative…. (28, 33, 34) 1 Jan 2011”.
f. The paid-for Facebook ad included text which stated, “[…] stress, lack of sleep, anxiety, overthinking! Learn more”. An accompanying video showed a jar with text that stated, “DEFENCE. SKIN. ENERGY. DIRTEA. CHAGA MUSHROOM POWDER”. Text stated “DIRTEA. […] Protect Against Flu […] Chaga has really helped boost my confidence. I used to suffer with severe acne but since adding chaga to my morning smoothie my skin is much more hydrated […]”.
Issue
Three complainants challenged whether the claims in the ads regarding medical conditions stated or implied that a food prevented, treated or cured human disease, which was prohibited by the Code.
Response
Dirtea Ltd said that all ads had been removed and would not be used again.Assessment
Upheld
The CAP Code prohibited claims which stated or implied a food could prevent, treat or cure human disease.
We considered the claims in the ads relating to anxiety, dementia, attention deficit hyperactivity disorder (ADHD), Alzheimer’s, pre-menstrual syndrome, menopause, acne, rosacea, eczema, flu, and the anti-inflammatory, analgesic, antipyretic, hepatoprotective, and sedative properties of the products were likely to be interpreted as claims to prevent, treat or cure human disease. We therefore concluded the ads breached the Code.
The ads breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told Dirtea Ltd to ensure their future advertising did not make claims that food could prevent, treat or cure human disease.
