Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A TikTok post on Saira Hayati’s account @sairahayati, seen on 11 June 2023, featured the claims “You need to alkaline your body!! Reduce inflammation it makes you sick!!!”, “Sea Salt, it alkalines [sic] your body […] Celtic Sea Salt alkalines your body, it makes you function to optimal level. It will allow you to increase many many things. Alkalining your body is so important, because the more acidic it is, the more open it is to disorders and diseases”, “even one little grain of this stuff is packed with minerals your body needs”, “It has 92 minerals in it”, “It helps balance your sugar level; it eliminates mucus build up; it improves your brain function; and it balances your electrolytes, which is so important, like your sodium, and your […] magnesium, potassium, all of those kind [sic] of stuff. It’s packed with magnesium as well”, and “it actually doesn’t raise your blood pressure […] This stuff, it doesn’t raise your blood pressure, because I’ve tried it”.
Issue
The complainant challenged whether the ad made:
1. general and specific health claims that were in breach of the Code;
2. nutrition claims that was in breach of the Code; and
3. claims to prevent, treat or cure human disease, which were prohibited by the Code.
Response
South African Foods Ltd t/a Candy Store 4 You said they were not affiliated with Saira Hayati and that they had no editorial control over the post. They said she had bought the product independently and created the video herself.
Saira Hayati said the claims were taken from a search engine, various websites and a video from a well-known nutritionist who had also tested Celtic Sea Salt. Ms Hayati said the product did help to “alkaline” the body and that the only error in the ad was the claim the product contained 92 minerals, as it only contained 82. Ms Hayati said she had corrected that claim in the comments section of the post. Ms Hayati provided a screenshot that showed she would receive commission on the product if she sold it via the TikTok Shop using the link provided in the post.
TikTok said it violated their Branded Content Policy and they had removed it from their platform.
Assessment
1. Upheld
The ASA first assessed whether the post was an ad for the purposes of the Code. We understood that Saira Hayati was affiliated with South African Foods Ltd t/a Candy Store 4 You via the TikTok Shop. We also understood the video contained a link where consumers could buy Celtic Sea Salt via the TikTok Shop and that Ms Hayati received commission on the product each time it was purchased using the link provided in the post. Because that link was directly connected to the supply of goods, and Ms Hayati received a commission from Candy Store 4 You for every product sold, the post was an ad for the purposes of the Code.
The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient, and health, and required that only health claims authorised on the applicable register, which in this case was the Great Britain nutrition and health claims register (the GB Register), were permitted in marketing communications for foods. The Code also required that general health claims, which were claims that referred to the general benefits of a nutrient or food for overall good health or health-related well-being, must be accompanied by a specific authorised health claim.
We next assessed which claims were specific health claims and which, therefore, must be authorised on the GB Register. We considered the claims “this is Celtic Sea Salt, it alkalines your body”, “it helps balance your sugar level”, “it improves brain function” and “it balances your electrolytes” would be understood by consumers to mean that Celtic Sea Salt could make the body more alkaline, balance sugar levels in the body, support cognitive health and balance electrolytes. We considered the claim “it actually doesn’t raise your blood pressure” was also a specific health claim, since it implied that consuming other, similar products would cause an increase in blood pressure, whereas Celtic Sea Salt’s product would have the beneficial health effect of not doing so.
We considered those claims were therefore specific health claims for the purposes of the Code. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB Register.
We then assessed which claims were general health claims, which therefore must be accompanied by an authorised specific health claim on the GB Register. We considered the claim “it makes you function to an optimal level” would be understood as a reference to the general benefit of Celtic Sea Salt for overall good health. We considered it was therefore a general health claim for the purposes of the Code and would only be acceptable if accompanied by a specific authorised health claim. However, the claim had not been accompanied by a relevant, authorised specific health claim.
Because we had not seen any evidence that the specific health claims in the ad were authorised on the GB Register, and the ad made a general health claim that was not accompanied by an authorised specific health claim, we concluded it had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1 and 15.2 (Food, food supplements and associated health or nutrition claims) and 15.7 (Food supplements and other vitamins and minerals).
2. Upheld
The CAP Code stated that only nutrition claims authorised on the GB Register were permitted in marketing communications. The Code defined a nutrition claim as any claim which stated, suggested or implied that a food had particular beneficial nutritional properties due to the amount of calories, nutrients or other substances it contained, did not contain, or contained in reduced or increased proportions.
We considered the claims “it has 92 minerals in it” and “packed with minerals” would be understood by consumers to mean that the product had the particular beneficial nutritional property of containing a range of minerals. We considered the claims were therefore nutrition claims for the purposes of the Code. However, the generalised claim “contains minerals” was not authorised on the GB Register.
We considered the claim “packed with magnesium” would be understood as a “high in magnesium” claim, and was therefore also a nutrition claim for the purposes of the Code. However, we had not seen any evidence that the product complied with the conditions of use for that claim.
For those reasons, we concluded the ad had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1 and 15.1.1 (Food, food supplements and associated health or nutrition claims).
3. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods.
The ad made the claims “alkalining your body is so important, because the more acidic it is, the more open it is to disorders and diseases”, “eliminates mucus build up” and “reduce inflammation”. We considered consumers would understand those to be claims that the product could prevent human disease and treat inflammation, respectively. The ad also made the claim the product could “eliminate mucus build up”. We understood mucus build up was typically experienced as a symptom of illnesses such as a cold or flu. The claim therefore implied Celtic Sea Salt could resolve a symptom of illness and as such treat human disease. Because those were claims to prevent, treat or cure human disease, we concluded they 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).
Action
The ad must not appear again in the form complained of. We told South African Foods Ltd t/a Candy Store 4 You, and Saira Hayati, to ensure any specific health claims or nutrition claims made in their future advertising were authorised on the GB Register and complied with the conditions of use for those claims. Also, any general health claims needed to be accompanied by a relevant authorised specific health claim. We also told them not to claim or imply a food or food supplement could prevent, treat or cure human disease.
