Ad description
A press ad for Branshaws, published on 24 June 2024, included text that stated, “Boost your hearing with NEW Hear-Pods Do you struggle to hear the TV? Do you have to turn the volume up really high? […] Not any more … Our NEW Hear-Pods will enable you to listen to the TV, at the volume you want, without having to turn it up too high […] Hear-Pods are also perfect to boost your hearing for everyday use […] You will hear everything that is being said, crystal clear, even 30 metres away […]”. Further text stated, “Hear-pods are far more comfortable than normal hearing devices […] when in reality you are listening to every single word and sound around you […]”, “I can hear things I hadn’t heard before […] I can hear conversations, so sharp and clear […]” and “Hears a whisper from 30 metres away”.
Issue
The ASA challenged whether the ad breached the Code because it made medical claims for an unlicensed product.Response
Prime Star Shop Ltd t/a Branshaws stated that they were the legal manufacturer of the Hear-Pods product. They said that the product was not registered as a medical device because they did not believe the ad made medical claims. They said that Hear-Pods were a sound amplification device.Assessment
Upheld
The CAP Code stated medicinal or medical claims and indications could only be made for a medicinal product that was licensed by the MHRA, the Veterinary Medicines Directorate (VMD) or under the auspices of the European Medicines Agency (EMA), or for a medical device with the applicable conformity marking. In addition, the Medical Devices Regulations 2002 required that a medical device should be registered with the MHRA before it was placed on the market in Great Britain.The ad included claims such as “Boost your hearing with NEW Hear-Pods”, “Do you struggle to hear the TV?”, “Our NEW Hear-Pods will enable you to listen to the TV, at the volume you want, without having to turn it up too high”, “You will hear everything that is being said, crystal clear, even 30 metres away” and “Hear-Pods are far more comfortable than normal hearing devices that you insert into or behind your ears”. The ASA considered that the overall impression of the ad was that Hear-Pods could be used as an alternative to other types of hearing aids and could alleviate hearing loss. We therefore considered that the ad made medical claims, which required that the product met the requirements for medical devices.
We understood that the product was not registered with the MHRA, nor had we seen evidence that the Hear-Pods had the appropriate conformity marking. Therefore, no medical claims could be made for the product. Because the ad made such claims, we concluded that it breached the Code.
The ad breached CAP Code (Edition 12) rules 1.10 (Legality) and 12.1 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Prime Star Shop Ltd t/a Branshaws not to make medical claims for devices that did not hold the applicable conformity marking and were not registered with the MHRA.
