Background
This Ruling forms part of a wider piece of work on ads making claims about the treatment of prostate issues. 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 also related rulings published on 31 July 2024.
Ad description
A paid-for Meta ad for Cheerchest Cove, seen on 21 May 2024, included text that stated “Tired of frequent trips to the bathroom? Take care of prostate RoyalprestigeTM Prostatitis Relief Cream is here! Regain control over your life! Our revolutionary Prostate Cream that are [sic] designed to promote natural prostate health and reduce those annoying trips to the bathroom”. Ticked bullet points included text that stated “Decrease Prostate Size Naturally”, “Improve Bladder Control”, “Enhance Blood Circulation”, “Promote Healthy Sleep Pattern”, “Boost Overall Vitality” and “Clinically tested”.
A video included an image of a pack shot and text that stated “NOTICEABLE EFFECTS AFTER 4 WEEKS OF CONTINUOUS USE”. Text underneath the video stated “Say Goodbye to Frequent Bathroom Breaks with Royalprestige” and a button labelled “Shop Now”.
Issue
The ASA challenged whether the ad breached the Code because it made medicinal claims for an unlicensed product.
Response
Person(s) unknown t/a Cheerchest Cove did not respond to the ASA enquiries.
Assessment
Upheld
The ASA was concerned by Person(s) unknown t/a Cheerchest Cove’s lack of response and apparent disregard for the Code as well as their failure to provide their full name and geographical business address, which were in breach of CAP Code (Edition 12) rules 1.7 (Unreasonable delay) and 1.7.1 (Compliance). We reminded them of their responsibility to provide a response to our enquiries without delay and told them to do so in the future.
The CAP Code stated that medicinal claims and indications may be made for a medicinal product that was licensed by the Medicines & Healthcare products Regulatory Agency (MHRA) or under the auspices of the European Medicines Agency (EMA). A medicinal claim was a claim that a product or its constituent(s) could be used with a view to make a medical diagnosis or could treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings. We considered that consumers would understand the claims “promote natural prostate health and reduce those annoying trips to the bathroom”, “Decrease Prostate Size Naturally”, “Improve Bladder Control” and “Enhance Blood Circulation” to mean that the cream could treat prostate issues including those related to urination, and an enlarged prostate. We therefore considered those were medicinal claims which required the product be licensed as a medicine.
However, we understood that the product did not have the relevant marketing authorisation from the MHRA and because of that no medicinal claims could be made for the product. Because the ad made medicinal claims for a product which was not licensed, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rules 12.1 and 12.11 (Medicines, medical devices, health related products and beauty products).
Action
The ad must not appear again in its current form. We told Person(s) unknown t/a Cheerchest Cove not to make medicinal claims for unlicensed products. We referred the matter to CAP’s Compliance team.
