Ad description
A page on The Detox Clinic’s own website, www.thedetox.clinic, seen in August 2021, for “IV Ozone Therapy”. Text on the page stated “Literature has shown that ozone is highly valued for various effects, such as being antimicrobial, anti-hypoxic, analgesic, immune modulating etc. on various biological systems.”
Further down the page, under the heading “Intended Benefits”, the ad included the following claims about IV Ozone Therapy: “When administered, Ozone increases the content of free dissolved blood oxygen – resulting in production of energy and re-establishing the normal metabolic”; “Ozone Improves Antioxidant Systems”; “not only protect from oxidation and inflammation, but they can reverse chronic oxidative stress”; “Ozone Improves Energy Levels”; “Ozone Is Anti-Inflammatory”; and “Ozone Is Anti-Bacterial, Anti-Viral and Anti-Fungal”.
Issue
The complainant challenged whether claims that IV Ozone Therapy "Improves Energy Levels", was "Anti-Inflammatory" and "Anti-Bacterial, Anti-Viral and Anti-Fungal"; were misleading and could be substantiated.Response
The Detox Clinic Ltd responded to the ASA’s enquiries, but did not provide evidence to support the claims.Assessment
Upheld
The ASA considered that consumers would understand from the claims “When administered, Ozone increases the content of free dissolved blood oxygen – resulting in production of energy” and “Ozone Improves Energy Levels” that IV Ozone Therapy would improve a person’s energy levels. We considered that consumers would understand the claims “Ozone Is Anti-Inflammatory” and “Ozone Is Anti-Bacterial, Anti-Viral and Anti-Fungal” to mean that Ozone Therapy would have an anti-inflammatory effect (i.e. reduce inflammation in the body), and would help to prevent or treat bacterial, viral and fungal infections and diseases.
We considered that a suitable body of evidence would be required to support each of the claims. We understood that IV Ozone Therapy was a form of oxygen therapy. We had not previously seen evidence that oxygen therapy had health benefits or could prevent or treat illness or disease. For that reason, in order to substantiate the claims, we would need to see a substantive body of evidence including clinical trials conducted on people. Because we were not provided with this evidence, we concluded that the claims in the ad were not substantiated, and therefore that the ad was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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) and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, 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, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told The Detox Clinic Ltd not to make medicinal claims about the therapies that they offered, for example that IV Ozone Therapy was anti-inflammatory, anti-bacterial, anti-viral or anti-fungal, or claims about its health benefits including that it could improve energy levels, unless they held a substantive body of evidence to support those claims, including clinical trials conducted on people.
