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http://www.asa.org.uk/News-resources/Media-Centre/2014/ASA-steps-up-action-on-misleading-claims-by-referring-first-two-advertisers-to-Trading-Standards.aspx

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ASA steps up action on misleading claims by referring first two advertisers to Trading Standards
21 May 2014

We're signalling our determination to clamp down on misleading and potentially harmful advertising claims by referring two advertisers, for the first time, to Trading Standards under the new legal backstop regime.

Electronic Healing and Fahrenheit60 Ltd have been referred to Trading Standards, the ASA’s legal backstop, for persistent misleading advertising health claims in breach of the Advertising Code. Unproven health claims to treat medical conditions can discourage potentially vulnerable people from seeking professional advice for those conditions.

Since 2013, responsibility for our backstop power lies with the National Trading Standards Board (NTSB) who work with the London Borough of Camden to undertake any necessary enforcement work. Camden Trading Standards has accepted the referrals and is now investigating both companies’ advertising.

Electronic Healing was subject to two formal investigations by the ASA and found in breach of the rules for making misleading efficacy claims on its website for its ‘Bob Beck Protocol’ and ‘Liquid Oxygen Drops’. It claimed that Bob Beck Protocol “kills or disables microbes (virus, bacteria, and fungus) in the body” while Liquid Oxygen Drops were “credited with a multitude of significant health benefits from healthy energy to immunity and disease prevention”. A video on its website also claimed that The Bob Beck Protocol could “amplify the immune system, remove the need for flu vaccinations, increase oxygen in the blood, reduce HIV infection levels and help fibromyalgia”.

Fahrenheit60 Ltd was formally investigated by the ASA and found in breach of the rules for making misleading efficacy claims on its website about its soft drink, ‘Aspire’. It claimed the drink could create a “thermogenic” reaction which could increase metabolism and burn up to 200 calories per can. It also claimed that ingredients in the drink would boost metabolism, suppress appetite, accelerate weight loss and oxidise fat.

Both advertisers failed to provide adequate evidence to support their claims and were placed on a list of non-compliant online advertisers on the ASA website. Despite this they continued to make problem claims.

Trading Standards provides a legal backstop for the ASA in relation to misleading, aggressive or otherwise unfair non-broadcast advertising.  Where an advertiser is unwilling or unable to stick to the rules and continues to mislead consumers or business the ASA can refer to Trading Standards who will consider statutory action, including warnings and seeking criminal prosecutions or civil enforcement orders.

Commenting on the referral, ASA Chief Executive Guy Parker says: “Misleading advertising is unfair, but a misleading health claim can also be particularly harmful. Our referrals to Trading Standards are a clear warning to those who won’t stick to the rules that they face the prospect of legal sanctions.  And these are just the first referrals: we’re preparing our cases against other advertisers who persist in making misleading claims.”

Lord Toby Harris, Chairman of the NTSB says: “The self-regulation system operated by the ASA works very well but key to this is those few firms who won’t comply, knowing that they will face formal enforcement action if required. We are very pleased to be working with Camden and ASA to ensure the system works well for legitimate businesses and for consumers”.

Background information

The ASA’s formal upheld ruling against Fahrenheit60 Ltd can be read in full here
http://www.asa.org.uk/Rulings/Adjudications/2012/3/Fahrenheit60-Ltd/SHP_ADJ_169164.aspx

The ASA’s formal upheld ruling against Electronic healing can be read in full here

The non-compliant online advertisers section on the ASA website is a list of traders who continue to make claims on their online sites that do not comply with the UK Advertising Code despite repeated requests for changes from our Compliance teams. Details of each non-conforming trader remain in place until they have appropriately amended their marketing in line with the Advertising Code. See entries for Fahrenheit60Ltd and Electronic Healing.
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http://www.asa.org.uk/Rulings/Adjudications/2012/3/Fahrenheit60-Ltd/SHP_ADJ_169164.aspx

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 ASA Adjudication on Fahrenheit60 Ltd
Fahrenheit60 Ltd
53 Molesworth StreetWadebridgeCornwall
Date:
7 March 2012
Media:
Internet (on own site)
Sector:
Food and drink
Number of complaints:
1
Complaint Ref:
A11-169164
Background

Two issues were investigated both of which were Upheld.
Ad

Claims on a website for a drink, seen on www.aspiredrink.co.uk on 17 August 2011, stated "Aspire is an enticing, lightly carbonated cranberry flavoured soft drink containing natural ingredients which create a thermogenic reaction, increasing your metabolism helping you to burn calories. Aspire has been tested by a leading British laboratory and is proven to burn on average over 200 calories per can".

Under the heading "About Aspire" further text that stated, "A great tasting, refreshing soft drink, that can also burn calories? Sometimes too good, can be true ... Aspire is a revolution, it is the first calorie burning soft drink to be launched in the UK and is tested and proven to burn on average over 200 calories (Kcals) per can by a leading British Laboratory".

Under the heading "The Science" further text stated, "It really works ... Aspire contains a combination of the following natural ingredients ... Guarana Extract - raises your bodies [sic] metabolism and suppresses appetite ... Green Tea Extract - boosts the bodies [sic] metabolism and accelerates weight loss ... L-Carnitine - plays a vital role in the oxidisation of fat and is an aid to weight loss".

Under the heading "Scientific Proof" text stated "The test was undertaken by the laboratory at [a University]. The laboratory utilise [sic] a selection of participant [sic] ... The amount of calories burnt was recorded over a 3 hour period after the consumption of 1 can of Aspire. The subjects were at a resting state during the test so we could achieve a result that represented the amount of calories Aspire burnt without any exercise. Burns on average, over 200 Calories (Kcals) per can. The conclusion of the test was that Aspire burnt a vast amount of calories in every subject. With a staggering average of 209 calories (Kcals) per can across the board, without increasing the individuals [sic] heart rate”.
Issue

1. The complainant, who did not believe the claims to "burn on average 200 calories per can" could be substantiated, challenged whether they were misleading.

2. The ASA challenged whether the claims to raise metabolism, accelerate weight loss and oxidise fat for the ingredients Guarana extract, Green Tea extract, and L-Carnitine, were exaggerated, misleading and could be substantiated.
CAP Code (Edition 12)
13.115.13.13.113.7
Response

1. Fahrenheit60 Ltd (Fahrenheit60) said they had tested the product on the public. They submitted a research report conducted by a university that investigated the thermogenic effects of ingesting 250 ml of Aspire on total energy expenditure, and the contribution of carbohydrate and fat to energy expenditure, during 180 minutes of rest in comparison to a placebo, in 20 participants. They also submitted a letter from a local Trading Standards department. They believed these documents demonstrated that the product burned, on average, 209 kcal per can within a three hour timeframe.

2. They said the product consisted of Guarana extract, Green tea extract and L-Carnitine and provided links to pages from an online encyclopaedia detailing these ingredients. They said the claim that the product could raise metabolism had been substantiated by the research report and its references to energy expenditure. They also said Green tea contained epigallocatechin gallate (EPCG) which had been shown to enhance the thermogenic potential of caffeine and that caffeine had been shown to be effective in enhancing lipolysis, fat oxidation and reducing glycogen breakdown. They also said Guarana had been anecdotally associated with increased energy expenditure through the breakdown of fat stores as it contained caffeine and the amino acid carnitine played several metabolic roles, the most well documented being the translocation of long-chain fatty acids into the mitochondrial matrix for subsequent oxidation. They referred to the letter from Trading Standards, a letter from the author of the research report and a page from the report that related to heart rate which they believed supported the claims.
Assessment

1. Upheld

The ASA noted the test results were obtained by monitoring 20 fit and healthy subjects, between 19 and 26 years-of-age, using a respiratory gas analysis system over 180 minutes after the drink and a placebo were consumed, and that each test was performed one week apart at the same time of day following an overnight fast and a standardised breakfast four hours beforehand. We also noted the placebo consisted of the same ingredients as the product but without several ingredients, including Guarana, Green Tea extract, and L-Carnitine and that the results indicated that overall, there was a positive change in energy expenditure following the consumption of Aspire, whereas there was a trend for a negative change in energy expenditure following consumption of the placebo. However, we also noted the conclusion stated that acute consumption of the product significantly increased resting energy expenditure by 0.15 kcal per minute, when compared with a placebo during the 180 test period. We also noted from the author of the research report that, while 200 calories could be burned as a whole over 180 minutes, this should not be interpreted as an additional burn above that of the placebo.

We considered that most readers would understand the claim "burn on average 200 calories per can" to mean that, by consuming a can of the product under normal, everyday circumstances, they could burn, on average, an additional 200 calories over their usual energy expenditure. Because this was not the case, we considered that the claim "burn on average 200 calories per can" had not been substantiated. We also noted only 20 participants of a limited age range tested the product and considered this did not provide the rigorous trials required to support claims for the effectiveness of a weight-reduction product. We considered the references to calorie output had been exaggerated and concluded that they were misleading and had breached the Code.

On this point the ad breached CAP Code (Edition 12) rule 3.1 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration), 13.1 (Weight control and slimming), and 15.1 (Food, food supplements and associated health and nutrition claims).

2. Upheld

We noted the ad claimed that the drink contained the ingredients Guarana extract, Green Tea extract, and L-Carnitine and that the advertiser said the research report demonstrated that those ingredients increased metabolism and accelerated weight loss, which in turn, resulted in energy expenditure. We considered that the claim regarding an average burn of 200 calories per can consumed, when read together with the statements about raising metabolism, creating a thermogenic reaction, helping burn calories, and accelerating weight loss, would cause consumers to believe they would burn 200 calories as a result of consuming the Aspire drink rather than the placebo. We also understood that the majority of the calories burned in the test were the result of normal metabolism, unconnected with the consumption of the product. We considered that, because the claims that related to raising metabolism, accelerating weight loss and the oxidisation of fat had not substantiated, they exaggerated the potential effects of the drink. We concluded that they were misleading and breached the Code.

On this point the ad breached CAP Code (Edition 12) rule 3.1 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration), 13.1 (Weight control and slimming), and 15.1 (Food, food supplements and associated health and nutrition claims).
Action

The ad must not appear again in its current form. We told Fahrenheit60 not to make claims that the product could burn, on average, 200 calories per can, raise metabolism, accelerate weight loss and oxidise fat in future.

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http://www.asa.org.uk/Rulings/Adjudications/2012/5/Electronic-Healing/SHP_ADJ_186775.aspx

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 ASA Adjudication on Electronic Healing
Electronic Healing
31 Hollingbury Park Avenue
Brighton
BN1 7JG
Date:
23 May 2012
Media:
Internet (on own site)
Sector:
Health and beauty
Number of complaints:
1
Complaint Ref:
A12-186775
Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.
Ad

A page on a website for complementary and alternative therapies and devices, www.electronichealing.co.uk, was titled "The Bob Beck Protocol" and described a three-stage process which used devices called the "Silver Pulser - Blood Purifier & Ionic Colloidal Silver Generator", the "Magnetic Pulser" and the "Water Ozonator". The website was viewed on 8 February 2012. Text stated, "The Bob Beck Protocol is a natural health, bioelectric protocol designed to help the body heal itself. The Bob Beck Protocol kills or disables, every microbe (virus, bacteria, and fungus) in your body. The average person has about 2 pounds of microbes in their body - the vast majority of which simply suppress the immune system. The Bob Beck Protocol destroys them". An embedded video, titled "Beck Protocol-help healing ... herpes, & more", showed two people discussing the Protocol, and included claims that it could help amplify the immune system, remove the need for flu vaccinations, increase oxygen in the blood, reduce HIV infection levels and help fibromyalgia.

Underneath the video, text stated "In 1990 Dr. Kaali and Dr. Lyman, discovered, that a small electric current could disable viruses from being able to infect cells and multiply, thus rendering them harmless ... What the Bob Beck Protocol does is kill or disable from multiplying, every microbe circulating in your body. When a microbe that is in the bloodstream is killed or disabled, the body will remove it. For many diseases that is all that is required for a cure ... The Bob Beck Protocol creates the conditions for: 1) No microbes in the body, 2) No diseased cells in the body, 3) A supercharged immune system, 4) You have "immortal blood." What is "immortal blood?" It is blood so clean of microbes, and so healthy, that if you put it on a microscope slide it will evaporate without dying".
Issue

The complainant challenged whether:

1. the claims about how the devices worked on the body; and

2. the claim "The Bob Beck Protocol kills or disables, every microbe (virus, bacteria, and fungus) in your body";

were misleading and could be substantiated.
CAP Code (Edition 12)
1.712.13.13.7
Response

Electronic Healing did not respond to the ASA's enquiries.
Assessment

Upheld

The ASA was concerned by Electronic Healing's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.

1. & 2. Upheld

Because we had not seen any evidence that the devices worked on the body in the way described, or that the devices could kill or disable microbes, viruses, bacteria and fungus in the body, we concluded the claims were misleading.

The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.1 (Medicines, medical devices, health-related products and beauty products).
Action

The ad must not appear again in its current form. We told Electronic Healing not to make claims for which they did not hold robust substantiation. We referred the matter to CAP's Compliance team.

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