Background
This Ruling forms part of a wider piece of work on claims that food supplements treat anxiety. The ad was 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
A paid-for Facebook ad for Nutriburst Vitamins gummies, seen on 27 March 2024, stated “Unlock a stronger body and state of mind with Ashwagandha KSM-66”. Further claims included “Strengthen muscles and combat stress”, “Amplify mental awareness and fight fatigue”, “Improve mental function”, “Enhance memory” and “Reduce stress and anxiety”.
Issue
1.The ASA challenged whether the claims that the gummies could “combat stress” and “reduce stress and anxiety” 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 “Strengthen muscles”, “fight fatigue”, “Amplify mental awareness”, “Improve mental function” and “enhance memory”; and
3. the general health claim “unlock a stronger body and state of mind”.
Response
1., 2. & 3. Nutriburst Ltd t/a Nutriburst Vitamins said they took compliance with advertising standards seriously. They believed that many claims could be made about the health benefits of Ashwagandha KSM-66, based on the findings of clinical trials. However, they acknowledged that no health claims for that substance had been authorised to be used in the UK. They said they would remove any claims that were in breach of the CAP Code.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 claim in the ad relating to the reduction of anxiety would be understood by consumers as a claim to prevent, treat or cure anxiety. We further considered that in the context of the ad, the claims that the product could combat and reduce stress would also likely be understood by consumers as a reference to anxiety and its symptoms. We therefore considered that the claims to help stress, and the direct claim to reduce anxiety, were claims that a food supplement could prevent, treat or cure disease. We concluded that they therefore breached the Code.
On that point, the ad 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.
The ad claimed that the gummies could “Strengthen muscles”, “fight fatigue”, “Amplify mental awareness”, “Improve mental function” and “enhance memory”.
We considered those claims were specific health claims for the purposes of the Code, because they implied that Ashwagandha KSM-66 had the beneficial health effects of increasing muscle strength, reducing fatigue, and improving mental performance and cognitive functions. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB Register in relation to Ashwagandha KSM-66, and they therefore breached the Code.
On that point, the ad 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.The ad featured the claim “unlock a stronger body and state of mind” which we considered to be a general health claim for the purposes of the Code. However, the ad did not contain any specific authorised health claims.
Because the ad featured a general health claim that was not accompanied by a specific authorised health claim, we concluded that it breached the Code.On that point, the ad 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 ad must not appear again in the form complained of. We told Nutriburst Ltd t/a Nutriburst Vitamins 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
