Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A website for Dochsa, www.dochsa.com, a food supplement provider seen in November 2022, included a web page for “Attention and Hyperactivity Supplement Bundles”. The page stated “We bundle these food supplements together to support individuals who identify as Neurodiverse and may be on the Autism Spectrum and may have been diagnosed with ADHD or AuDHD”. Underneath that were product listings for different food supplement bundles, which each linked to a web page product listing for the bundle.
A product listing for a “Lion’s Mane, Zinc, Omega, Magnesium and Chocolate Protein Drink Bundle” stated “This bundle has the adequate Magnesium, Omega oils and Vitamin B nutrition required as part of a healthy diet, along with physical activity and may reduce deficiencies for some Neurodiverse people who have a proclivity to loose [sic] attention or are hyperactive”.
Further down the page, text stated “Information on Neurodiversity: Research has shown that supplements can help to relive [sic] some of the symptoms of ADHD […].” In the following paragraph it stated “It is important to understand what a supplement is, they provide basic nutrients for optimal health and function that you may not be getting from your food. Supplements include vitamins, minerals, proteins, and fats. Botanicals are plant-based products that are not necessarily nutrients, but which may have positive effects on health and function”.
Under the sub-heading “Omega Oils, Fish, Flax and Sun”, text stated “There is some evidence that fish oil can help improve ADHD symptoms. Some findings suggest that fish oil supplements may improve the mental skills of those with the disorder. For instance, it may help improve the ability to organize activities. The results showed improvements with hyperactivity, inattentiveness, ability to think clearly, and overall behavior [sic]. Research shows people with ADHD have lower levels of omega-3 compared to their peers who do not have ADHD. The benefits of taking an omega-3 supplement may include improving ADHD symptoms, resulting in, for example, increased attention, focus, and memory, and may help with your overall approach to treatment. While the effects appear to be small compared to the efficacy of traditional ADHD medications, omega-3’s have been shown to be helpful for improving ADHD symptoms”.
Under the sub-heading “Zinc”, the ad stated “Zinc is a mineral that regulates dopamine. If you have low levels, it may contribute to attentional issues.5 [sic] Zinc deficiencies tend to be common, which may have an impact on functions such as memory, impulse control, attention, and mood. Some studies suggest that zinc may have a beneficial impact on ADHD symptoms, particularly that of inattention when used as a complementary therapy.6 [sic] However, further research is needed to understand its potential efficacy as well as what dosages and formulations might be most helpful. Some studies suggest that those with ADHD may have lower levels of zinc in their body. And some scientists say those with the disorder who took zinc supplements along with traditional ADHD treatment had an improvement in their symptoms. Several studies have shown a drop in hyperactivity and impulsivity with zinc supplements. The same research, though, reports no change in inattentiveness, which is another key symptom of ADHD”.
Under the sub-heading “Ginkgo”, the ad stated “There’s some evidence that certain natural supplements might help. A combo of ginseng and Ginkgo improved ADHD symptoms in one study. More research is needed to confirm the finding, though”.
Under the sub-heading “Vitamin B and Magnesium”, the ad stated “The B vitamins are essential for a healthy nervous system. Vitamin B6 is especially important for ADHD, as it is involved in the production of the neurotransmitters norepinephrine, serotonin, and dopamine. Vitamin B6 and magnesium metabolism are connected. If magnesium levels are low, this can cause problems similar to ADHD, such as reduced attention span and irritability. A deficiency in B6 might result in poor memory, trouble concentrating, and increased activity.1 [sic] Taking magnesium and B6 together may be helpful in managing ADHD symptoms”.
Under the sub-heading “Vitamin D”, the ad stated “Studies have suggested that people who have ADHD often have low blood serum levels of vitamin D. Supplementing with vitamin D may be helpful for improving symptoms and well-being in children with ADHD. One review of studies concluded that vitamin D supplementation appeared to be useful as an adjunctive therapy. However, further research is needed to better understand both the efficacy and safety of supplementing vitamin D in both children and adults with ADHD”.
Under the sub-heading “Mushrooms”, the ad stated “Research on Lion’s Mane mushrooms has found that lion’s mane may protect against dementia, reduce mild symptoms of anxiety and depression and help repair nerve damage. It also has strong anti-inflammatory, antioxidant and immune-boosting abilities and been shown to lower the risk of heart disease, cancer, ulcers and diabetes. Chaga has been shown to be protective against Alzheimer’s disease and neurodegeneration and inflammation by acting as an antioxidant and upregulating the Nrf2 pathway–one of the key anti inflammatory pathways in the body. Reishi mushroom has been used to help enhance the immune system, reduce stress, improve sleep, and lessen fatigue. People may also take Reishi mushroom for health conditions such as: High blood pressure. High cholesterol”.
Under the sub-heading “Iron”, the ad stated “Iron is needed to make dopamine.7 [sic] Low iron levels have been associated with ADHD symptoms. Some studies suggest that iron supplementation (along with zinc) was helpful for improving ADHD symptoms and treatment outcomes. Your doctor can check your iron levels and prescribe a supplement if you need one. It is not advisable to take an iron supplement without medical advice”.
Further text stated “You also get a lot more in the combo pack including: L-Tyrosine and Ashwagandha which may have some benefits for individual [sic] who identify as ADHD”.
A product listing for Baobab and Astragalus root capsules stated “A powerful immunity vitamin C (512mg) formula from multiple sources (including herbs, berries, plants and ascorbic acid) PLUS 19 additional ingredients from herbs, berries, fruits, leaves, roots, mushroom, bulbs, vitamins and minerals. Vitamin C to support a strong and healthy immune system”.
Further down the web page, the ad stated “We have created a specific new immunity formula in response to the worldwide pandemic, in order to help people to simultaneously boost their immune system and fight off infection – both during this time of need and going forward. This formula is a tailored combination of both immunity ingredients and highly potent herbal anti-virals and anti-bacterials – formulated in combination with world-renowned naturopaths. It contains high dose vitamin C (512mg) from multiple sources, i.e. herbs, berries, plants and ascorbic acid PLUS 19 additional ingredients from herbs, berries, fruits, leaves, roots, mushroom, bulbs, vitamins and minerals”.
A product listing for a “Vital Gut Flora, Zinc, Omega, Magnesium and Chocolate Plant Protein Bundle” under the sub-heading “Vital Gut Flora” text stated “At the very basic level, probiotics are live micro-organisms (generally different strains of bacteria) that live in the gastrointestinal tract and, when ingested in the correct amounts provide you health and wellness benefits. These health benefits range from improved bowel and digestive function, improved mental health, increased immune function, and much much more”.
At the bottom of each product page, text stated “Product disclaimer: This information does not constitute advice and should not be taken over the advice of a [sic] medical practitioners, pharmacists or any other licensed and insured healthcare professionals. You should contact your healthcare provider in relation to this product, before purchase, if you believe you have a medical condition that may be affected by its use. Please ensure that you always read the label and follow any instructions that come with the product before you use or consume. Please do not rely on the information stated here. This product has no medicinal properties, and is not intended to treat, cure or prevent any disease. Supplements are not a substitute for a balanced diet; in case of pregnancy, breastfeeding or use of any medicine it is advisable to consult the doctor. Consult a medical practitioner if in doubt and discontinue the use in case of reaction. Do not use the supplement in case of having a recognised disease; in case of insomnia or nausea, stop taking the product”.
Issue
The ASA received one complaint, from Coventry Trading Standards.
1. Coventry Trading Standards and the ASA challenged whether the stated and implied claims that the supplements, or substances in them, could help to prevent, treat or cure the following conditions were in breach of the Code: autism; ADHD; AuDHD; other neurodiverse conditions; dementia; heart disease; cancer; ulcers; diabetes; Alzheimer’s disease; neurodegeneration; inflammation; high blood pressure; high cholesterol; anxiety; depression; stress; improved mental health; vitamin and mineral deficiencies; and bacterial and viral infections, including Covid-19.
2. The ASA challenged whether the specific health claims relating to the function of the nervous system, immune system, fatigue, bowels and digestive function complied with the Code.
3. The ASA challenged whether the general health claims relating to optimal health and function and wellness benefits complied with the Code.
Response
Dochsa Ltd said they were a micro-organisation that resold food supplements from a manufacturer, so they did not hold any stock. They explained the manufacturer created the brand labels for them to use, and that they used their descriptions and certifications when listing them on their website.
Dochsa said they had been in contact with Coventry City Council regarding the website and had followed their directions as best as they could, including updating and changing product descriptions on their website. However, they said upon being notified of the complaint, they had removed all food supplements from their website and would not be selling any in future.
Assessment
1. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods.
The ad contained various references to the treatment of ADHD, AuDHD, autism and other neurodiverse conditions. At the top of the ad, under the heading “Attention and Hyperactivity Supplement Bundles”, it stated “We bundle these food supplements together to support individuals who identify as Neurodiverse and may be on the Autism Spectrum and may have been diagnosed with ADHD or AuDHD”.
On the page for the Lion’s Mane, Zinc, Omega, Magnesium and Chocolate Protein Drink Bundle, the ad stated “The benefits of taking an omega-3 supplement may include improving ADHD symptoms, resulting in, for example, increased attention, focus, and memory”. Regarding zinc, the ad stated “Zinc may have a beneficial impact on ADHD symptoms, particularly that of inattention when used as a complementary therapy”. The ad also stated “A combo of ginseng and Ginkgo improved ADHD symptoms in one study”, “If magnesium levels are low, this can cause problems similar to ADHD, such as reduced attention span and irritability”, and “Vitamin B6 is especially important for ADHD, as it is involved in the production of the neurotransmitters norepinephrine, serotonin, and dopamine. […] A deficiency in B6 might result in poor memory, trouble concentrating, and increased activity”.
We therefore considered consumers would understand the supplements included in the bundles, or the substances in them, would be able to help those with recognised neurodiverse conditions, which for the purposes of the Code fell within the definition of claims to prevent, treat or cure a disease. In addition to implying the supplements could help with ADHD, we further considered consumers would understand the claim about vitamin B6 to mean taking the supplements could help those with vitamin B6 deficiency, and therefore made a claim to treat a condition that was in breach of the Code.
We also considered that the ad included claims that the supplements could treat a range of other conditions. The ad stated “Lion’s mane may […] reduce mild symptoms of anxiety and depression” and that “Reishi mushroom has been used to […] reduce stress”. The ad also claimed that taking the Vital Gut Flora, Zinc, Omega, Magnesium and Chocolate Plant Protein Bundle resulted in “improved mental health”. We considered those claims would be understood as either direct or implied claims the advertised products could help to prevent, treat or cure anxiety, depression and stress.
The ad also stated “Research on Lion’s Mane mushrooms has found that lion’s mane may protect against dementia […] and help repair nerve damage. It also has […] been shown to lower the risk of heart disease, cancer, ulcers and diabetes. Chaga has been shown to be protective against Alzheimer’s disease and neurodegeneration and inflammation by […] upregulating the Nrf2 pathway–one of the key anti inflammatory pathways in the body. Reishi mushroom has been used to help […] reduce stress. People may also take Reishi mushroom for health conditions such as: High blood pressure. High cholesterol”. We considered these would be understood as claims the products could prevent against dementia, heart disease, cancer, ulcers, diabetes, Alzheimer’s disease and other neurodegenerative conditions, inflammation, high blood pressure, and high cholesterol.
The listing for Baobab and Astragalus Root capsules stated the product was “created in response to the worldwide pandemic, in order to help people to […] fight off infection – both during this time of need and going forward”. The ad also claimed “this formula is a tailored combination of […] highly potent herbal anti-virals and anti-bacterials”. We considered those claims would be understood by consumers to mean the capsules could prevent people from catching bacterial and viral infections, including COVID-19, by boosting immunity and were therefore claims a food could prevent human disease.
We noted each product page contained text that stated “This product has no medicinal properties, and is not intended to treat, cure or prevent any disease […] Do not use the supplement in case of having a recognised disease”. However, we considered that text did not change the impression created by claims referenced above.
We welcomed Dochsa’s assurance the products were no longer being advertised. However, because at the time the ad was seen it made claims which stated or implied a food could prevent, treat or cure recognised neurodiverse conditions and human disease, we concluded it had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
2. Upheld
The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health. Only health claims authorised on the Great Britain nutrition and health claims (NHC) register (the GB NHC Register) could be made in ads promoting foods or food supplements. Any authorised health claims made in an ad must meet the associated conditions of use.
Text on the page for the Lion’s Mane, Zinc, Omega, Magnesium and Chocolate Protein Drink Bundle stated “the B vitamins are essential for a healthy nervous system”, “Reishi mushroom has been used to enhance the immune system […] improve sleep, and lessen fatigue”. Further text on the listing for Baobab and Astragalus Root capsules stated the product was “created in response to the worldwide pandemic, in order to help people to simultaneously boost their immune system” and that it was “a powerful immunity vitamin C (512mg) formula from multiple sources”. The listing also stated “Vitamin C to support a strong and healthy immune system”, and “these health benefits range from improved bowel and digestive function […] increased immune function, and much much more”. We considered consumers would understand the claims to mean the food supplements contained ingredients that could help with the function of the nervous system, immune system, fatigue, and bowel and digestive function. These were therefore specific health claims for the purposes of the Code. However, because we had not seen any evidence which demonstrated that those claims were authorised on the GB NHC Register, or alternatively that the products shown in the ad met the conditions of use associated with any authorised claims that had related meanings, we concluded that they had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1 and 15.7 (Food, food supplements and associated health or nutrition claims).
3. Upheld
The CAP Code defined claims which referenced the general benefits of a nutrient or food for overall good health or health-related wellbeing as general health claims. Such claims were acceptable only if accompanied by a specific authorised health claim.
We considered the claims “It is important to understand what a supplement is, they provide basic nutrients for optimal health and function that you may not be getting from your food” and “Botanicals are plant-based products that are not necessarily nutrients, but which may have positive effects on health and function” in the product listing for the Lion’s Mane, Zinc, Omega, Magnesium and Chocolate Protein Drink Bundle, and “at the very basic level, probiotics are live micro-organisms (generally different strains of bacteria) that live in the gastrointestinal tract and, when ingested in the correct amounts provide you health and wellness benefits” in the product listing for the Vital Gut Flora, Zinc, Omega, Magnesium and Chocolate Plant Protein Bundle would be understood as references to the general benefits of food supplements for physical health. The claims were therefore general health claims that needed to be accompanied by specific authorised health claims. However, because the ad did not include any specific health claims that were authorised on the GB NHC Register (as concluded at point 2), we concluded that the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 15.2 (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in the form complained of. We told Dochsa Ltd not to state or imply their food supplements could prevent, treat or cure human disease. We also told them to ensure any specific health claims made in their future advertising were authorised on the GB NHC Register and complied with the conditions of use for those claims, and not to make general health claims unless they were accompanied by a specific authorised health claim.
CAP Code (Edition 12)
15.7 15.1 15.2 15.6 15.1.1 15.6.2
