Background
The ad appeared in December 2020, and we therefore assessed it under the Code rules that applied at that time.
Summary of Council decision:
Three claims were investigated, all of which were Upheld.
Ad description
A post on The Turmeric Co.'s Facebook account, posted on 26 December 2020, featured a caption that stated "Bid farewell to stubborn aches and pains with our natural anti-inflammatory immunity-boosting shots. Imagine waking up without those lasting aches and pains that are holding you back! Our range of specially-formulated turmeric shots are a proven way to help you feel like your normal self in no time … a tried and tested way to effectively tackle lasting aches and pains directly at the source”. A video embedded in the post featured a man who stated, “We’re beginning to understand the impact that regular usage of this incredible root can have on overall health … because of these turmeric shots, I was able to come back from severe injuries and surgeries. They truly saved my career.” Text in the video stated “FIGHTS INFLAMMATION. IMPROVES JOINT HEALTH. INCREASES ENERGY. SUPPORTS IMMUNITY. IMPROVES HEART HEALTH. IMPROVES GUT HEALTH”.
Issue
The complainant challenged whether:
1. the claims, "Bid farewell to stubborn aches and pains”, “a tried and tested way to effectively tackle lasting aches and pains directly at the source”, “because of these turmeric shots, I was able to come back from severe injuries and surgeries”, and “FIGHTS INFLAMMATION” stated or implied that a food prevented, treated or cured human disease;
2. the claims, “IMPROVES JOINT HEALTH”, “INCREASES ENERGY”, “SUPPORTS IMMUNITY”, IMPROVED HEART HEALTH”, and “IMPROVES GUT HEALTH”, which were specific health claims, complied with the Code; and
3. the reference to the effect of turmeric on overall health, which was a general health claim which must be accompanied by a specific authorised health claim, complied with the Code.
Response
Innate-Essence Ltd t/a The Turmeric Co. said that after reviewing the ad they understood that the claims made were not permitted under the Code, and that they should not have made claims that their product could treat human disease. They said they had removed the ad and would review past and future content to ensure that it was compliant with the CAP Code.
Assessment
1. Upheld
The ASA considered that consumers would understand from the ad, and in particular the claims, “Bid farewell to stubborn aches and pains”, “a tried and tested way to effectively tackle lasting aches and pains”, “because of these turmeric shots, I was able to come back from severe injuries and surgeries”, and “FIGHTS INFLAMMATION”, which featured explicit references to pain, severe injury, and inflammation, that taking the product could help treat sports-related injuries, and inflammation. We therefore considered the ad made disease treatment claims for a food supplement and concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.6 and 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. & 3. Upheld
According to EC Regulation 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 EU Register) were permitted in marketing communications published on or before 31 December 2020. Therefore any health claims made in the ad must be listed as authorised on the EU 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 “IMPROVES JOINT HEALTH”, “INCREASES ENERGY”, “SUPPORTS IMMUNITY”, IMPROVED HEART HEALTH”, and “IMPROVES GUT HEALTH” to be specific health claims for the purposes of the Code. However, we had not seen any evidence which demonstrated that those claims were authorised on the EU Register, or that the product met the conditions of use associated with any authorised claims. The ad also included the claim, “We’re beginning to understand the impact that regular usage of this incredible root can have on overall health” which we considered implied that the product had a general, non-specific benefit for overall good health. We considered, in the context of the ad, that claim was a general health claim.
The Code stated that general health claims could be made in relation to food supplements only if they were accompanied by a relevant specific, authorised health claim. However, the ad did not contain any specific authorised health claims. We welcomed The Turmeric Co.’s assurance that the claims would not appear again in their future marketing communications. However, because at the time the ad was seen it made specific health claims that were not authorised on the EU Register, and featured a general health claim that was not accompanied by a specific authorised health claim, we concluded that it had 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.
15.2
15.2
References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim.
(Food, food supplements and associated health or nutrition claims), and 15.7 (Food supplements and other vitamins and minerals).
Action
The ad must not appear again in the form complained about. We told Innate-Essence Ltd t/a The Turmeric Co. to ensure future ads did not state or imply that a food could prevent, treat or cure human disease; they did not make health claims that were not authorised on the Great Britain nutrition and health claims register, which applied to the advertising of foods from 1 January 2021, or that did not comply with the conditions of use associated with authorised health claims; and not to make references to general benefits of a nutrient or food for overall good health or health-related well-being unless those claims were accompanied by a relevant, authorised health claim.
CAP Code (Edition 12)
15.2 15.1.1 15.6.2 3.1 3.7 15.1
