Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A leaflet from Health Solutions, received on 20 July 2020 promoted their “Joint Plus” supplement, and included the claims “Joint Plus works for you no matter what, GUARANTEED”, “guaranteed to relieve your pain”, “pain medicine can actually make your pain worse”, “it’s natural and works better than prescription drugs”, “low back pain and sciatica […] it reduces your painful inflammation”, “no back pain”, “Headaches”, “Stiff joints”, “Muscle Pain, Pinched Nerves, Sore Bones, Neck Pain”, “INCREASES flexibility of tendons and ligaments”, “RAPID RELIEF from inflamed joints”, “ALLEVIATES muscle tightness that limits movement”, “LESSENS cramps and even stops them”, and “IMPROVES joint flexibility day after day”. The leaflet also included claims about ingredients the product contained: “Desmosine – a virtually unknown amino acid that is responsible for helping with the elasticity of joint tissues”, “Isodesmosine – a lysin derivative found in elastin”, and “Growth Factor B – helps with cell regeneration and joint pain immunity”.
Further text included “The 10 nutrients in Joint Plus are Eggshell Membrane, Hyaluronic Acid, Glucosamine, Chondroitin, Collagen, Amino Acids, Boswellia Turmeric, White Willow Bark, Devil’s Claw and Ginger”, “Turmeric is one of the most potent natural anti-inflammatories available”, “[Ginger] has been used for centuries to treat all kinds of conditions including: nausea, heartburn and arthritic pain”, “Devil’s claw has been used internationally for centuries to help relieve muscle pain (myalgia), back pain, tendonitis, joint pain and headache pain”, “[Boswellia] inhibits the formation of prostaglandins which cause inflammation”, and “[White Willow] provides COX inhibition, which reduces pain and inflammation in your joints. It appears to be much safer than aspirin”.
Issue
One complainant challenged:
1. the explicit and implied claims that the supplement or the substances in it could relieve pain, including from inflammation, pinched nerves, cramps, stiff joints, muscle tightness, sore bones, heartburn, nausea, arthritis, tendonitis, headaches, sciatica, muscle pain (myalgia), back pain, and tendonitis, which were claims to prevent, treat or cure disease;
2. the claims “Desmosine – a virtually unknown amino acid that is responsible for helping with the elasticity of joint tissues”, “IMPROVES joint flexibility day after day”, "INCREASES flexibility of tendons and ligaments”, and “Growth Factor B – helps with cell regeneration”, which were specific health claims which must be authorised on the EU Register of nutrition and health claims made on foods (the Register); and
3. the claims “[Boswellia] inhibits the formation of prostaglandins which cause inflammation”, and “[White Willow] provides COX inhibition, which reduces pain and inflammation in your joints”, which were reduction of disease risk claims which also must be authorised on the Register.
Response
Health Solutions Ltd stated that the leaflets had not been mailed in the UK for some time due to poor market conditions, though they intended to distribute similar marketing communications in the future. They did not provide a substantive response to the complaint.Assessment
The ASA was concerned by Health Solution Ltd’s lack of a substantive response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited. The claims that the product, a food supplement, could relieve pain due to inflammation, pinched nerves, cramps, stiff joints, muscle tightness, sore bones, heartburn, nausea, arthritis, tendonitis, headaches and sciatica, as well as the claims “Turmeric is one of the most potent natural anti-inflammatories available”, “Devil’s claw has been used internationally for centuries to help relieve muscle pain (myalgia), back pain, tendonitis, joint pain and headache pain”, and “Growth B factor […] helps with joint pain immunity” were claims to prevent, treat or cure human disease. Because the ad claimed that the product prevented, treated or cured human disease, which was prohibited under the Code, we concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 15.6.2 15.6.2 Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised by the European Commission (Food, food supplements and associated health or nutrition claims).
2. Upheld
According to Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, only health claims listed as authorised on the EU Register of nutrition and health claims made on foods (the Register) were permitted in marketing communications. It also required that any nutrition or health claims were supported by documentary evidence to show they met the conditions of use associated with the relevant claims as specified in the Register.
The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food, drink or ingredient and health. We considered the claims “Desmosine – a virtually unknown amino acid that is responsible for helping with the elasticity of joint tissues.”, “IMPROVES joint flexibility day after day.”, "INCREASES flexibility of tendons and ligaments” and “Growth Factor B – helps with cell regeneration” to be specific health claims for the purposes of the Regulation. However, we had not seen any evidence which demonstrated that those claims were authorised on the Register or that Health Solution Ltd’s product met the conditions of use associated with any authorised claims. Because the ad made specific health claims that were not authorised on the Register, we concluded the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.
15.1.1
15.1.1
Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.
and
15.7
15.7
Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule
15.1
15.1
Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.
1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register.
(Food, food supplements and associated health or nutrition claims).
3. Upheld
The CAP Code stated that only reduction of disease risk claims specified in the Register could be used in marketing communications. We considered that the claims “[Boswellia] inhibits the formation of prostaglandins which cause inflammation” and “[White Willow] provides COX inhibition, which reduces pain and inflammation in your joints” were likely to be interpreted as reduction of disease risk claims. However, these claims did not appear on the Register and we had not received any supporting evidence which explained the basis on which the claims were made. Because the ad made reduction of disease risk claims which did not appear on the Register, we concluded the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 15.6.2 15.6.2 Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised by the European Commission (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in the form complained about. We told Health Solutions Ltd to ensure that their future ads did not state or imply that their food supplements could prevent, treat or cure human disease. We also told them not to make reduction of disease risk claims that did not appear on the EU Register, and to ensure that any specific health claims made in their future advertising were authorised on the EU Register and met the associated conditions of use. We referred the matter to CAP’s Compliance team.
