Ad description
An ad for Sock Soothers, in a content discovery network, which appeared in a news article on a local news website seen in May 2022. The ad included the text, "Socks To Relieve Pain. New sock is helping millions of seniors turn back the clock on their aging, aching feet” and had an image of a pair of feet wearing socks.
Issue
The ASA challenged whether the claims that the product could relieve pain were misleading and could be substantiated.
Response
Dr Sock Soothers Inc t/a Sock Soothers did not respond to the ASA's enquiries.Assessment
The ASA was concerned by Sock Soothers' lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rules 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
Upheld
The CAP Code stated that medicinal or medical claims and indications may be made for a medicinal product that is licensed by the Medicines and Healthcare products Regulatory Agency, Veterinary Medicines Directorate or under the auspices of the European Medicines Agency, or for a CE-marked medical device and that objective claims must be backed by evidence, if relevant consisting of trials conducted on people.
The ASA understood that the claims “Relieve Pain” and “helping millions of seniors turn back the clock on their aging, aching feet” were medicinal and implied the product could offer pain relief. In order to make the claims in the ad, and based on its function, the product must be CE marked as a medical device. Because Sock Soothers had not provided us with CE-mark certification, medicinal claims for the product were not permitted and the ad breached the Code.
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 Dr Sock Soothers Inc t/a Sock Soothers that their advertising must not make medicinal claims for the product. We referred the matter to the CAP compliance team.
