ASA’s active monitoring and strict approach to food supplement claims: five takeaways
Rulings’ five takeaways
1. Claims to avoid (particularly around anxiety and ADHD)
As per the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code 15.6.2), claims that state or imply that a food prevents, treats or cures human disease are prohibited. While food supplements are defined as a concentrated source of nutrients or other substances with a nutritional or physiological effect, they are a type of food and not a type of medicine; therefore, medicinal claims – those saying that a product can help diagnose, treat or prevent any kind of disease, injury or adverse condition, whether physical or mental – for food supplements are prohibited.
2. Check if your claim is permitted and make sure the claim is not exaggerated
Claims were authorised on the GB register but used in an exaggerated manner. The ASA found that the claim “contributes to the reduction of tiredness and fatigue” was authorised on the GB register for both niacin and vitamin B12 and that the product contained sufficient quantities of both of these vitamins to meet the conditions of use for the authorised claim. However, the claim was used without the phrase “contributes to“, and, instead the phrase “reduction in tiredness and fatigue” in isolation was likely to exaggerate the actual meaning of the claim.
3. General health claims need to be accompanied by a specific health claim
4. Consider the meaning of buzz words such as ‘adaptogen’, ‘nootropic’ and ‘antioxidant’
- Nootropic was understood to describe substances which enhanced cognitive function (for example, the food supplement would help with cognitive function and mental performance);
- Adaptogen was understood to describe natural substances believed to help the body respond to stress; and
- Antioxidant was understood to refer to the function of a substance on the body whereby it helped to protect cells from oxidative stress.
5. Take care with using novel foods as ingredients
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