London-based brand Nutritional Sciences Ltd published the ads on a news website on Jan.7 and Apr.6, 2024, but after the ASA received complaints about the claims made, it ruled the ads must not appear again in their current form.ย
The advertโ
The advert was presented as an online advertorial with a main heading: โNHS arthritis expert reveals #1 โjoint-destroyingโ mistake Brits make every morningโ.
It showed a photograph of someone sitting in a chair, accompanied by the text โJoint Doctor Begs Seniors To โRepairโ Joints With This Tip โ Nutritional Science Ltd. โ Sponsoredโ. The photograph contained a link to the advertiserโs website.ย
Text underneath stated: โ’Your joints can heal themselves at any age’ โย Thatโsย according to Dr Paul OโConnell, the NHSโs leading joint expert [โฆ] Human cartilage can regrow, just like hair and nails. And this โself-healingโ mechanism can reverse YEARS of arthritis and joint damageโ.
A link in the advertorial went to another page on the same website. The page featured a photograph of a man with the caption โDr. Paul OโConnell – GP & Rehabilitation Engineer,โ and a 20-minute video in which Dr OโConnell discussed the Activ8 Joint Complete supplement.ย
The tab took readers to a survey andย thenย a purchase page for the product. The text stated: โRelieves soreness, stiffness, and discomfort โ Prevents inflammation, damaged cartilage, and bone decay โ Facilitates joint repair & recovery โ Improves movement and flexibilityโ.
The rulingโ
The ASA considered that the claims โโฆ greater flexibility, recovery and range of motionโ and โsupports healthy cartilageโ, made in the video implied a relationship between the Activ8 Joint Complete supplement and the health of joints and cartilage, and in some contexts would be specific health claims forย the purposes ofย the Code.
As explained by ASA in the ruling, Nutritional Sciences therefore needed to show that the claims were authorised on the GB NHC Register and that they met the conditions of use associated with the claims.
There was also lacking evidence or response from Nutritional Sciences to support that Dr Paul OโConnell was a medical professional.
The ASA ruled the advert be removed under three counts; first for misleading claims, in thatย the claim that Paul OโConnell was the NHS’s leading joint expert lacked evidence, and Nutritional Sciences Ltd did notย provide proofย that he was registered as a medical doctor.
Secondly, it was ruled that the ad violated the regulation, asย even if the evidence had been provided, the CAP Code prohibits health claims in marketing communications for food supplements that reference individual health professionals.
Finally, it was ruled that the ads breached CAP Code rules on misleading advertising, substantiation, and health claims related to food supplements.
Legal expert and MD at Hylobates Consulting Lucaย Bucchini,ย said: โThe case seems very clear, and it seems to me that the company needs to change tack completely.
ย โActors are used in advertising, of course, while impersonating a specific individual, with a name and identity, unless it’sย clearlyย fictional, is not permitted in the UK orย inย the EU even for advertising purposes.โย
Explaining what legal powers the ASA has, Bucchini said:ย โThe ASA hasย an agreement with a body with legal powersโ, in the UK, the National Trading Standards, to provide a legal backstop.ย
โThe ASA canย make a referralย to Trading Standards in the case where advertisers do not cooperate and Trading Standards, after a legal review, may more forcefully require implementation or even consider prosecution.โ
Nutraingredients hasย reached out toย Nutritional Sciences for comment and is awaiting a response.ย
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