Ad description
Claims on www.motionnutrition.com promoted a 30-day supply of capsules. Text stated "Imagine … quietly helping your brain protect against degenerative diseases”.
Issue
The complainant challenged whether the claim "quietly helping your brain protect against degenerative diseases" breached the Code.
Response
MW Nutrition Ltd t/a Motion Nutrition said they did not intend the text to form a claim, but they understood how it could be framed in that way. They said they had removed the claim.
Assessment
Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods. We considered that consumers would understand the claim “quietly helping your brain protect against degenerative diseases" to mean that the capsules could prevent degenerative diseases which affected the human brain, such as Parkinson’s disease. While we acknowledged Motion Nutrition’s willingness to make changes to their advertising, we concluded the claims implied the product prevented, treated or cured human disease, which was prohibited under the Code.
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 same form. We told MW Nutrition Ltd t/a Motion Nutrition to ensure future ads did not state or imply that a food could prevent, treat or cure human disease.
