Background
This Ruling forms part of a wider piece of work on claims that food supplements treat anxiety. The ads were identified for investigation following intelligence gathered by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules. See related rulings published on 24 July 2024.
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Four paid-for Facebook ads for supplement company Feel Güd, seen in March 2024:
(a) The first ad featured the caption “Wanting to be more productive throughout the day - Try the UKs number one functional mushroom gummies, filled with güdness that will help you stay focused, stay calm and help with the effects of anxiety”. The video below had a voice-over which stated, “I took Lion’s mane for a month and here’s the results. I’ve been really overwhelmed recently, so I’ve decided to try out these mushroom gummies from Feel Güd. They contain four different types of mushroom, aimed at improving brain function, energy, and immunity.” Text on the screen stated “improved immunity”, “stable energy”, “improving brain function”, with a green tick symbol next to each claim. Further voiceover stated, “I’m feeling really energised … I’ve just been so much more focused and productive, which has meant that my stress levels are finally stable, and I just have so much more energy throughout the day.”
(b) The second ad featured the same caption as ad (a). The video below had a voice-over which stated, “Feel Güd gummies are a blend of four different adaptogenic mushrooms. You’ve got Cordyceps, Lions Mane, Chaga, Reishi … So it’s week two and I’m feeling pretty focused. I’ve been sleeping really well and I feel like I’ve got a lot more energy throughout the day … Ok so it’s been a month and honestly I’ve never felt more productive at work. My focus - So much sharper … Whether you want to improve your focus, your sleep, your energy … check out Feel Güd gummies.”
(c) The third ad featured the same caption as ads (a) and (b). Below was an image of a container of Feel Güd gummies and overlaying text which stated “No more mid day crashes”. Text below this stated “Reduced brain fog, Improved focus, Antioxidant Rich, All-Day Energy, Lion’s Mane and more”, with a yellow tick symbol next to each claim.
(d) The fourth ad featured the same caption as ads (a), (b), and (c). Below was an image of a container of Feel Güd gummies and overlaying text which stated “Calm Energy + Mental Clarity … Sustained energy & focus … Reduced stress and anxiety … Clinically-backed ingredients … No crash, no comedown, no jitters”.
Issue
1.The ASA challenged whether the claims “help with the effects of anxiety” in ads (a)(d), “my stress levels are finally stable” in ad (a), and “Reduced stress and anxiety” in ad (d), implied that the product could prevent, treat or cure human disease, which was prohibited by the Code.
The ASA also challenged whether the following claims breached the Code:
2. the specific health claims in all the ads; and3. the general health claims in all the ads.
Response
Nowt Ventures Ltd t/a Feel Güd said that ads (a)?(d) had been removed. They further explained that the claims they used were based on scientific studies, but did not feature on the GB Register which they planned on using going forward.Assessment
1. Upheld
The CAP Code prohibited claims which stated or implied a food could prevent, treat or cure human disease.
The ASA considered the claims “help with the effects of anxiety” in ads (a)?(d), “my stress levels are finally stable” in ad (a), and “Reduced stress and anxiety” in ad (d), would be understood by consumers as claims to prevent, treat or cure anxiety. We therefore considered that these were claims that a food supplement could prevent, treat or cure disease. We concluded that they therefore breached the Code.On that point, ads, (a), (b), (c), and (d), 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 required that only health claims authorised on the Great Britain nutrition and health claims register (the GB Register) were permitted in marketing communications for food or food supplements. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health.
We considered that the claims related to energy and fatigue, which included “improving … energy” and “feeling really energised … much more energy throughout the day” in ad (a); “more energy” and “improve your … energy” in ad (b); “No more mid day crashes” and “All-Day Energy” in ad (c); and “Calm Energy” and “Sustained energy” in ad (d), would be understood by consumers to mean that the supplement would improve energy levels and reduce tiredness and physical and mental fatigue.
The claims relating to focus, memory and brain fog, which included “Wanting to be more productive”, “stay focused”, “improving brain function”, and “more focused and productive” in ad (a); “feeling pretty focused”, “more productive”, “My focus? So much sharper”, and “improve your focus” in ad (b); “Reduced brain fog” and “Improved focus” in ad (c); and “Mental Clarity” and “Sustained … focus” in ad (d), would be understood as meaning that the supplement would help cognitive function and mental performance. Further, we considered the claims related to bodily function, which included “improving … immunity” and “improved immunity” in ad (a), and “sleeping really well” and “improve your … sleep” in ad (b), would be understood as meaning that the supplement would help with sleep and the immune system.
We considered that while some consumers may not be familiar with the terms “adaptogen” and “antioxidant”, they related to specific health benefits. We understood the term “adaptogen” was used to describe natural substances believed to help the body respond to stress. We therefore considered the claim “adaptogen” would be understood to mean that the gummies would support the body’s ability to respond to stress. We understood the term “antioxidant” referred to the function of a substance on the body whereby it helped to protect cells from oxidative stress. We considered that those consumers familiar with the term would therefore understand the claim to mean that the gummies helped through protecting cells from oxidative stress. “Antioxidant” and “adaptogen” were therefore specific health claims.
We considered those claims were specific health claims for the purposes of the Code, because they implied that the gummies, which included the ingredients Cordyceps, Lion’s Mane, Chaga, and Reishi, had the beneficial health effects listed above. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB Register in relation to the product or its ingredients, and they therefore breached the Code.
On that point, the ads breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims), and 15.7 (Food supplements and other vitamins and minerals).
3. Upheld
The CAP Code also stated that general health claims could be made in relation to foods only if they were accompanied by a relevant specific, authorised health claim. General health claims were defined as those referring to a general benefit of a nutrient or food for overall good health or health related well-being.Ad (a) included “functional mushroom gummies”, and “Feel Güd gummies” featured in ads (a)-(d). We considered that these claims, which included the terms “functional” and “Feel Güd”, referred to a general benefit of the supplement for overall good health or health related well-being. We therefore considered them to be general health claims for the purposes of the Code. However, the ads did not contain any specific authorised health claims.
Because the ads featured general health claims that were not accompanied by a specific authorised health claim, we concluded that they breached the Code.
On that point, the ads breached CAP Code (Edition 12) rules 15.2 (Food, food supplements and associated health or nutrition claims) and 15.7 (Food supplements and other vitamins and minerals).
Action
The ads must not appear again in the form complained of. We told Nowt Ventures Ltd t/a Feel Güd to ensure their ads did not make claims that a food or food supplement could prevent, treat or cure human disease. We also told them to ensure any specific health claims were authorised on the GB Register and complied with the conditions of use for those claims, and that any general health claims were accompanied by a relevant authorised specific health claim.
BCAP Code
CAP Code (Edition 12)
15.6 15.6.2 15.1 15.1.1 15.7 15.2 15.7
