News
Mail order catalogue triggers ASA investigation
19.11.08
A mail order supplements firm has been ordered to ditch a catalogue after being found to make unsubstantiated claims by the Advertising Standards Authority.
Healthspan must now not use the catalogue mailing again after the ASA upheld a complaint made by the Health Food Manufacturers’ Association (HFMA).
The catalogue included claims such as ‘Selenium is thought to be important for a healthy immune and cardiovascular system, as a protection against some forms of cancer and to maintain male fertility’ and ‘Green tea is a powerful antioxidant thought to prevent heart disease, as recent research shows that 4 cups of green tea daily may help to reduce levels of bad cholesterol...’.
The HFMA challenged whether claims that the substances could prevent or treat the named conditions were misleading and whether they could be substantiated. The ASA itself also questioned whether it was likely to discourage consumers from seeking essential treatment for serious medical conditions and made medicinal claims for unauthorised products.
Healthspan stated its magazine was written by independent health experts, adding that selenium, lutein and green tea were mentioned in an article written by Dr Dawn Harper, which explained the role of antioxidants in the diet. The company also felt the articles did not discourage consumers from seeking treatment and were not intended to offer prescriptive advice.
However, they did say they planned to amend the way they presented independent health advice features and in future would clearly separate such articles from product information to avoid any confusion between opinions and claims.
In its adjudication, the ASA upheld the complaints, ruling that readers were likely to infer the claims in the articles extended to the products on sale in the catalogue.
“Because Healthspan had not provided sufficiently robust objective evidence to support the claims that selenium, lutein, green tea, turmeric, bromelain or green-lipped mussel extract could treat or prevent the medical conditions listed, we concluded that the brochure was misleading,” the ASA said.
The HFMA was pleased the complaint was upheld, with Executive Director Graham Keen commenting: “The HFMA is very concerned to ensure a level playing field for the responsible and progressive suppliers who provide supplements within the law. In early 2007, we launched a major campaign to encourage the Guernsey and Jersey authorities to bring in legislation and enforcement that’s in line with the UK and EU. Already our political action has helped achieve a U-turn in UK Government policy and we’ve held positive meetings with the relevant island authorities.
“Another strand of our campaign is to limit unfair activities by submitting complaints to the relevant UK authorities. Where the activity is initiated in the UK, we tend to direct our complaints to the MHRA but where the activity stems from offshore, we direct complaints to the ASA who have a variety of remedies at their disposal.
“This latest case is one of 17 complaints that we have submitted about 12 companies in total and the adjudication demonstrates just how complex it is to comply with UK regulation. We therefore encourage all supplement companies, wherever they are based, to join the HFMA, comply with our codes and benefit from our expertise to help ensure their products and marketing are compliant with UK regulation.”
Festive forecast gloomy for retail sales
19.11.08
Christmas sales growth on the high street is predicted to be stagnant this year.
Market analysts Mintel have forecast a gloomy Christmas period for retailers, with zero per cent growth expected. That’s in comparison to the last five years, in which festive spending has grown by an average of five per cent.
Two in four consumers, equating to 41 per cent, say they will reign in their spending for Christmas, compared to 22 per cent who said the same last year.
Younger spenders are less worried about what they buy at Christmas than the older generation, with only 30 per cent aiming to spend less this year compared to 2007.
Richard Perks, Mintel’s Director of Retail and Financial Research, believes Christmas will be far less indulgent this year.
“The slowdown in retail sales is taking a long time to develop but it is now starting to take hold,” he said. “As a result, many retailers will be looking for ways to encourage people to part with their cash and so we are likely to see discounting and end of year sales start before Christmas.”
Regulation in spotlight
19.11.08
The Health Food Manufacturers’ Association has secured an impressive line-up for its forthcoming annual conference.
Europe: Key Regulatory Developments takes place on December 9 and features experts including Dr Clair Baynton, Head of Novel Foods, Additives and Supplements Division at the Food Standards Agency.
Also speaking are Hans Ingels, Legal Officer at the European Commission, Directorate General for Enterprise and Industry, Patrick Coppens, Secretary General at the European Botanical Forum, and industry lobbyist Chris Whitehouse, of the Whitehouse Consultancy.
HFMA Director Graham Keen said regulation is an area industry cannot afford to ignore.
“Europe: Key Regulatory Developments will provide a wealth of information about these areas of legislation and a forum for discussion and debate about the future of the industry,” he said.
“I would strongly encourage all concerned with regulatory compliance and other legislative issues to attend.”
For more information on the conference, email hfma@hfma.co.uk
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