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CMS Publications Ltd
12 Tilbury Close
Caversham
Reading
Berkshire
RG4 5JF Complaint:
Reading Trading Standards department objected to a direct mailing, for a business opportunity, that was headlined "... At last! A REAL Business With A Breakthrough Product For YOU To Cash In On The Next Craze!".
It stated "... Pure collagen ... proved to be THE anti-ageing miracle of the day ... it''s available in tablet form. Bye-bye surgery, hello huge profits for a few people! ... Its recently been PROVEN that Type II Pure collagen drastically reduces arthritis! Furthermore, if you combined pure collagen with ingredients such as Vitamin C and Aloe Vera, evidence suggests this might even CURE arthritis! It does this by actually replacing the lack of cartilage that leads to arthritis. Dr. Alex Duarte, O.D. Ph.D., specialist in arthritis studies states: ... Collagen type II contains glucosamine sulfate which has over 30 years of double-blind, placebo-controlled studies indicating that it actually helps to rebuild the cartilage in arthritis joints ... I''m offering you a chance to get on board and grant you the license to offer Col-Ease to the millions of people who desperately need it! ... You''ll receive an operations manual ... a CD-ROM packed with ready-to-go adverts, flyers, web-site material, brochures, letters, testimonials ... I''m also giving you ?3,000 Worth Of Stock Absolutely FREE!! ... 3 packages cost your customer ?120 ... You bought those 3 packages for ?24 meaning a profit for YOU of ?96 per order usually. Do you know of how many businesses can only dream about such profit margins? ... ?3355-80 A MONTH? No Problem! ... you''ll be surprised to learn the cost of the Col-Ease collagen business license is only ?2997 plus VAT! ...". The complainants challenged whether the advertisers:
1. could prove the efficacy of the product and
2. had made medicinal claims for an unauthorised product.
The Authority challenged whether:
3. the mailing might discourage recipients from receiving essential treatment for the serious medical condition arthritis and
4. the advertisers could substantiate the earnings claims for the business opportunity. Codes Section: 3.1, 7.1, 50.1, 50.3, 50.11, 52.5 (Ed 11)
Adjudication:
The advertisers explained that they had been asked by the manufacturers of Col-Ease to set up a distributor network for their product; they said the manufacturers sent them scientific material and testimonials from satisfied customers, which their American copywriter used to create the mailing. The advertisers asserted that the claims about arthritis were a mistake, which they had been unaware of, made by the copywriter. They stated that, because the customers'' testimonials stated that the product had stopped their arthritic pain, the copywriter, who was not aware of the limits of UK legislation, had misinterpreted that as being a treatment for arthritis. The advertisers argued that the manufacturers'' sales price was proof that the product sold at the price stated in the mailing and also proof of the stated earnings claims, which they believed were conservative amounts. They asserted that, when the Medicines and Healthcare products Regulatory Agency (MHRA) had told them about its guidelines, they amended the mailing and immediately sent a letter to their distributors, which made clear that the product was not a cure or treatment for arthritis and that they would be entitled to a full refund. Although they acknowledged that the claims that referred to arthritis were a mistake, the advertisers asserted that their customers, who had used the product for their arthritis, would view the product as essential treatment. The advertisers argued that collagen was originally developed as a cure for arthritis and that many doctors agreed with that; they said they had hundreds of testimonials from satisfied customers. The advertisers said they had no future plans to use the mailing and would seek guidance from the Committee of Advertising Practice (CAP) Copy Advice team for their future marketing materials. The advertisers sent the technical product information for Col-Ease and several articles about collagen, including one titled ''Is Collagen Type II A Cure for Arthritis and Heart Disease?'' by Dr Alex Duarte, a lecturer, author, radio and television personality, and another titled ''Help and Support for Cartilage'', that was published in a German journal.
1. Complaint upheld
The Authority noted the advertisers did not send clinical trials testing the advertised product. It considered that the advertisers'' evidence did not substantiate the claimed efficacy of the product and advised the advertisers to amend the advertisement with help from the CAP Copy Advice team.
2. Complaint upheld
The Authority understood from the MHRA that the advertisers'' product did not have a marketing authorisation. It considered that the claims that referred to arthritis were medicinal claims for an unauthorised product. The Authority welcomed the advertisers'' assurance that the mailing had been amended and that distributors had been told that the product was not a cure or treatment for arthritis.
3. Upheld
The Authority was concerned that the advertisement referred to arthritis, which was a serious medical condition, and considered that claims such as "this might even cure arthritis" might discourage recipients from receiving essential treatment for arthritis. The Authority welcomed the advertisers'' assurance that the mailing had been amended and that they would consult the CAP Copy Advice team for future marketing communications.
4. Upheld
The Authority considered that, because the advertisers had not shown that distributors could earn between ?3,350 and ?3,380 each month, the mailing was misleading. It advised the advertisers to remove the earnings claims from the mailing and welcomed their assurance that they would consult the CAP Copy Advice team for future marketing communications. |
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