Advertising Standards Authority Adjudication on BioGenetics Europe Ltd

Ad

A direct mailing from Biogenetics Europe Ltd was headed “US MEDICINE Announcing Miraculous New Discoveries in Anti-Ageing! Would You Pay Just £5 for a Trial Supply of THE MOST IMPORTANT MEDICAL DISCOVERY OF THE PAST 40 YEARS?”. Further text stated “Dear Friend in the UK, A trial supply of a new wonder formula featuring 2 Nobel Prize-Winning discoveries … and the prestigious Natural Science award from the President of The United States … is about to be sent to everyone in the UK over 45 years of age … who registers within the next 30 days! … never in all my years of medical experience have I seen one single formula that can make such a dramatic change in your health, your appearance, your energy level and your ability to perform, (or even outperform) in every aspect of your life – JUST AS YOU DID 15 TO 20 YEARS AGO! A WONDROUS CO-ENZYME, THAT MEDICAL SCIENCE REPORTS, HAS BEEN SHOWN TO NOT ONLY SLOW DOWN THE AGEING PROCESS – BUT CAN ACTUALLY REVERSE IT!” The mailing included a number of efficacy claims for the product Ubitol, a food supplement, and its derivative Ubiquinone. Boxed text stated “The Statements in this issue have not been evaluated by the Food and Drug Administration. The product mentioned is not intended to diagnose, treat, cure or prevent disease”. Text continued “… if you respond within the next 30 days, you are entitled to receive a trial 10-day supply … for only £5.00. Then only if you are completely satisfied that UBITOL is by far the most significant new medical advance in not just stopping, but actually reversing the ageing process, every second month at just the right time, you’ll continue to receive a fresh 60-day supply, not for the regular £32.50 price, but for only 66p per day (including p&p), billed conveniently to your credit or debit card every month. To ensure uninterrupted service, your first 30-day shipment comes conveniently with your trial supply. And you can cancel at anytime by simply calling our customer service department on the FREE phone number … If you don’t agree that not in decades have you felt so vibrant, so full of energy, so raring to go and just plain YOUNGER AND FULL OF LIFE, then simply return the empty packaging within 365 days for a FULL REFUND of the product price …”. A document entitled “NO-RISK RESERVATION COUPON” included a tick box and text that stated “ONE 15-Day Trial Supply of UBITOL – only £5.00 … (£2.99 p&p for all of the above) …”. Under the heading “UBITOL MADE THOSE DRAMATIC CHANGES IN THEIR LIVES … AND IT CAN DO THE SAME FOR YOU!” were testimonials from 10 people identified as Forest Wistman, Diane Diastasio, Elizabeth Pollock, Michael Rankin, Derrick Bergman, Mrs Jody Ingram, Daniel Hall, Ms Jay Donlan, Mae Nicholson and Bill Walker. The testimonials included claims such as “I wouldn’t be alive today without UBITOL”, “overcome crippling illnesses such as heart attack and stroke” and “Ubitol helped to relieve sickness, pain and terrible side effects associated with chemotherapy”.

Issue

1.  The complainant challenged whether the mailing, and particularly the headline claim “Would You Pay Just £5 for a Trial Supply …?”, was misleading, because he found that he would be charged a further £2.99 for post and packing plus £19.80 for an additional initial supply and thereafter £19.80 recurring monthly.

The ASA challenged whether the following efficacy claims were misleading and could be substantiated:

2.  “sufferers of arthritis and bursitis have been able to throw away their prescription drugs and live full, active lives without a moment of pain, aches or swelling!”;

3.  “bed-ridden heart patients, after taking UBIQUINONE for just a single month, were able to bound up flights of stairs, walk for hours, even jog for a full mile or two without once gasping for breath!”;

4.  “people with prescription glasses were able to take them off for the first time in years and actually read the smallest print in a telephone directory!”;

5.  “Disappearance of lines and wrinkles, plus age-spots”;

6.  “Overcoming baldness and/or gray hair”;

7.  “Regaining 20-20 eyesight and perfect hearing up to age 90”;

8.  “Healthy gums and your own teeth for the rest of your life!”;

9.  “Reversing loss of body firmness … Forget implants, liposuction and ‘lifts’, UBIQUINONE acts like a plastic surgeon in a gelcap”;

10.  “Stopping weak bladder control in women and prostate condition in men”;

11.  “Unlocking stiff, swollen joints”;

12.  “Revitalising tired, aching feet, falling arches and leg cramps”;

13.  “Reversing loss of memory and concentration”;

14.  “Increase sexual performance, endurance and frequency to as much as 5 to 7 times a week even for couples in their 60’s, 70’s and 80’s”;

15.  “has made men and women of all ages, from 45 to 90 FEEL – ACT – PERFORM and even LOOK 15 to 20 years younger!”;

16.  “Enhances immunity – increases resistance to colds, flu’s [sic] and age related diseases such as Alzheimer’s, Parkinson’s, strokes and heart disease”; and

17.  “Every ageing condition like arthritis, bursitis, backaches, headaches, fatigue, etc. start to disappear in just days – as your entire body enters a second springtime of youth! …”.

The ASA also challenged whether the mailing:

18.  made medicinal claims for an unlicensed product;

19. implied the product, a food supplement, could be used to prevent or treat illness, elevate mood or enhance normal performance;

20.  discouraged essential treatment;

and, in addition, whether:

21.  signed and dated proof was held for the use of the testimonials; and

22.  claims made in the testimonials were supported by evidence.

CAP Code (Edition 11)

Response

Biogenetics Europe Ltd (Biogenetics) did not respond to the ASA’s enquiries.

Assessment

Upheld

The ASA was concerned by Biogenetics’ lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their obligations under the Code and told them to respond promptly in future.

1.  Upheld

The ASA noted the order form enclosed with the mailing clarified that, in addition to £5 for a trial supply of Ubitol, £2.99 postage and packing (p&p) was payable and, furthermore, acceptance of the trial supply was conditional upon the acceptance of a subscription to receive a 60-day supply every other month, charged at 19.80 monthly to a credit or debit card, with the first 30-day supply shipped with the trial pack and paid for up front.

We understood that the terms of the offer were such that it was possible to cancel the subscription at any time or return any unwanted product or empty packaging for a full refund.  We considered, regardless, that readers were likely to infer from the headline claim “Would You Pay Just £5 for a Trial Supply …” that they could take advantage of the trial offer without further cost or obligation.  Because that was not the case, we concluded that the headline claim was misleading.

On this point, the mailing breached CAP Code clause 7.1 (Truthfulness).

2.-17.  Upheld

No evidence was produced to demonstrate that any of the efficacy claims were valid or that Ubitol was efficacious in any way.  We noted the mailing included a number of new or breakthrough claims and stated “Miraculous New Discoveries in Anti-Ageing!”, “THE MOST IMPORTANT MEDICAL DISCOVERY OF THE PAST 40 YEARS?”, “a new wonder formula” and “A WONDROUS CO-ENZYME”.  We considered that a robust body of evidence, consisting of clinical trials conducted on people, would be required to substantiate such claims.  In the absence of such substantiation, we concluded that the claims had not been verified and were, therefore, likely to mislead.

On points 2-17, the mailing breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.7 (Health and beauty products and therapies – general) and 50.20 (Vitamins, minerals and other food supplements).

18.  Upheld

We noted the mailing included the statement “The product mentioned is not intended to diagnose, treat, cure or prevent disease”.  We considered, however, that it also included claims for the product Ubitol to prevent or cure serious medical conditions, such as arthritis and Alzheimer’s disease; those claims were, therefore, medicinal.  We were not shown any marketing authorisation for Ubitol and, therefore, concluded that the mailing had made medicinal claims for an unlicensed product.

On this point, the mailing breached CAP Code clause 50.11 (Medicines).

19.  Upheld

We considered that a well-balanced diet provided all the vitamins and minerals needed each day for healthy individuals and, although marketers could offer supplements to certain groups as a safeguard to help to maintain good health, they should not imply supplements could be used to prevent or treat illness, elevate mood or enhance normal performance.

We noted the mailing was not addressed to any particular group.  We noted a number of claims such as “Every ageing condition like arthritis, bursitis, backaches, headaches, fatigue, etc. start to disappear in just days …” implied Ubitol could prevent or treat illness.  We noted claims such as “… if you want to actually reverse the ageing process so that your body looks, feels and performs like you are 15 to 20 years younger, in as little as 30 days …” and “… It’s like your body’s level of energy, performance and organ vitality suddenly grows a whole generation younger, starting in as little as 30 days! …” implied Ubitol could elevate mood and enhance a healthy individual’s normal performance.

On this point, the mailing breached CAP Code clause 50.21 (Vitamins, minerals and other food supplements).

20.  Upheld

We noted the mailing made reference to arthritis, age-related macular degeneration and prostate problems, which we considered were serious medical conditions for which suitably qualified medical advice should be sought.  We considered that, by making reference to and offering a treatment for those conditions, the ad could discourage readers from seeking essential treatment for serious medical conditions.

On this point, the mailing breached CAP Code clause 50.3 (Health and beauty products and therapies – general).

21. & 22. Upheld

We considered that the testimonial claim “overcome crippling illnesses such as heart attack and stroke” was a breakthrough claim which required a robust body of evidence, consisting of clinical trials conducted on people, in order to substantiate it.  As Biogenetics did not supply any evidence to demonstrate that they held signed and dated proof for the testimonials or that the claims they contained were supported by evidence, we concluded that they were unsubstantiated and misleading.

On these points, the mailing breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 14.1 and 14.3 (Testimonials and endorsements) and 50.1 (Health and beauty products and therapies – general).

Action

The mailing must not appear again in its current form.  We asked CAP to inform its members of the problem with Biogenetics.

This page was posted on June 03, 2014.