Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Product listings on a health website (www.phhealth.co.uk) included the products MMS2, Alkazone pH drops and Liquid Chlorophyll. The listing for MMS2 included the text "Anecdotal evidence suggests there are numerous benefits to using MMS2 capsules (Calcium Hypochlorite powder) but please be aware that we only suggest our products for the purpose of water purification, although there are many other purported benefits". The listing for Alkazone pH Drops included the text "Raises the pH of your body, increasing energy levels. Flushes acidic wastes. Increases oxygen throughout your body. Improves blood condition. Increase hydration". Claims for Liquid Chlorophyll included "Supports circulatory health ... Promotes natural blood-cleansing functions of the body. Promotes strong immune response. Supports intestinal health. Strengthens cells. Deodorises the body, including the bowel. It's also alkalising".
Issue
The complainant challenged whether the following claims complied with the Code:
1. "... there are numerous benefits ..." and "... other purported benefits ..." in relation to MMS2;
2. "Raises the pH of your body" in relation to pH drops; and
3. the claims for Alkazone Liquid Chlorophyll.
Response
PH Health did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by PH Health's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. Upheld
The CAP Code defined a health claim as any claim that stated, suggested or implied that a relationship existed between a food category, a food or one of its constituents and health. According to the EC Regulation,1924/2006 on Nutrition and Health clams (the Regulation) which was reflected in the CAP Code, only health claims which appeared on the list of authorised health claims (the EU Register) were permitted in marketing communications. References to general benefits of a nutrient or food for overall good health or health-related well-being were acceptable only if accompanied by a specific authorised health claim.
In the context of a website titled "PH Health" and which sold health related products, we considered claims for MMS2 which included "numerous benefits" and "many other purported benefits" would be understood as general health claims. Because these general health claims were not accompanied by a specific authorised health claim, we concluded that the ad breached the Code.
On this point ad (a) breached CAP Code (Edition 12) rule 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 and nutrition claims).
2. & 3. Upheld
As referenced in relation to point 1 (above), only health claims which appeared on the list of authorised health claims (the EU Register) could be made in ads promoting foods, including food supplements, and those marketers must also ensure that they met the conditions of use associated with the claims in question.
We considered that the claims "Raises the pH of your body" was a health claim and that PH Health therefore needed to provide evidence to demonstrate that it was authorised by the EU Register. Because PH Health had not provided evidence to demonstrate that this claim was authorised, we concluded that the claims were in breach of the Code. Furthermore, the ad for Alkazone pH drops additionally included the claims: "Flushes acidic wastes. Increases oxygen throughout your body. Improves blood condition. Increase hydration" and we understood these claims were also not authorised by the register.
We considered that the claims "Supports circulatory health ... Promotes natural blood-cleansing functions of the body. Promotes strong immune response. Supports intestinal health. Strengthens cells. Deodorises the body, including the bowel", which were made in relation to Liquid Chlorophyll, were also health claims and again noted PH Health had not provide evidence to demonstrate that these claims were authorised by the EU Register. We therefore concluded that ads (b) and (c) breached the Code.
On these points ads (b) and (c) 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.
and
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.
and
15.7
15.7
Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. 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.
(Food, food supplements and associated health and nutrition claims).
Action
The ad must not appear in its current form. We told PH Health not to make health claims that were not authorised on the EU Register, and not to make claims for general, non-specific health benefits unless those claims were accompanied by a relevant, authorised health claim.
