Ad description
A teleshopping presentation for an Opatra Cleo gold LED light therapy mask, seen on The Jewellery Channel in June 2022, featured a woman describing the product and another woman demonstrating its use. The woman describing the product stated, “Those lights are going to penetrate your skin in one session, all over a balanced treatment on the skin. That is proven medically, scientifically and clinically to get rid of lines and wrinkles, to boost your blood circulation, your collagen, your elasticity, to get your skin looking firmer, tighter, toned; to reduce pore size, to reduce acne, to reduce pigmentation in your skin.”
Issue
The complainant challenged whether the claims to benefit the skin could be substantiated.
Response
Shop TJC Ltd (The Jewellery Channel) said they had investigated the items sold during the show and understood that some claims for the Opatra Cleo gold LED light therapy mask were supported by a clinical trial. They provided the ASA with the clinical trial, which was conducted in January 2022 and tested the efficacy of the device as part of a dermatology study.
They further confirmed they had not repeated the claims since the complaint had been made and would not repeat them in any future presentations of the relevant product. They had also spoken to the presenter concerned to alert them to the issue and emphasised to all their presenters and production teams the need to ensure that claims made about products they presented were appropriate and fully substantiated by the product supplier. Also, presenters should not make additional, objective product claims where they had not been previously approved.
They confirmed that they planned to roll-out a programme of training, guided by specialist, external advertising lawyers, for relevant staff to remind and update them on their responsibilities under the Code.
Assessment
Upheld
The BCAP Code stated medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, the Veterinary Medicines Directorate or under the auspices of the European Medicines Agency, or for a CE-marked medical device. The ASA noted that stating that the product was able “… to boost your blood circulation …” and could “… reduce acne …” were medicinal claims. We understood that the Opatra Cleo gold LED light therapy mask was not licenced by the MHRA as a medical device and therefore, medicinal claims should not have been made for the product.
The BCAP Code further stated that broadcasters must hold documentary evidence to prove claims that the audience was likely to regard as objective and that were capable of objective substantiation. We understood that while the claims, “That is proven medically, scientifically and clinically to get rid of lines and wrinkles, to boost … your collagen, your elasticity, to get your skin looking firmer, tighter, toned; to reduce pore size … to reduce pigmentation in your skin” would be considered cosmetic and not medicinal claims, they should still be supported by robust substantiation.
The ASA considered the clinical trial provided by The Jewellery Channel which involved five individuals, all over 40 years of age and with some signs of ageing, who used the device twice a week for four weeks. We noted that the study made no reference to the product being able to “boost … your collagen” or “reduce pigmentation in your skin”, both claims made in the ad. We did however understand that the study results showed a decrease in wrinkles and pore size and an increase in elasticity and firmness. However, we considered that the number of individuals (5) tested in the trial, to be small and of insufficient sample size to support the remaining claims in isolation. In addition, we understood that the device was used in conjunction with a collagen mask in the tests and so it was not possible to definitively ascribe all the benefits detailed in the study to the Opatra light therapy mask alone. Finally, we noted that the study only recorded the effects of the product over a month and there was no information about the long-term outcomes. That was especially relevant, because the presentation stated that the device could “get rid of lines and wrinkles”, but the trial offered no evidence that the effects were long term.
Because The Jewellery Channel were unable to provide evidence to support the cosmetic claims “boost … your collagen” or “reduce pigmentation in your skin” and the clinical trial for the remaining cosmetic claims contained an insufficient sample size, used a secondary product alongside the Opatra light therapy mask and did not show the long-term effects of the product, we concluded that the claims had not been substantiated. Further to that, medicinal claims should not have been made for an unlicenced product.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
(Misleadingness),
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
11.2
11.2
If they are necessary for the assessment of claims, broadcasters must, before the advertisement is broadcast, obtain generally accepted scientific evidence and independent expert advice.
and
11.4
11.4
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, the VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, treatments and health).
Action
The presentation must not be broadcast again in the form complained about. We told Shop TJC Ltd to not make medicinal claims for products that were not licenced and to hold adequate substantiation before making objective claims.
