Speaking to NutraIngredients, Joe Welstead, Motion Nutrition’s co-founder & CEO said of his ‘Power-up’ brain supplement, “Our goal is to support longevity and brain health as we grow old.
“It was presumptuous of us to mention any form of disease, and we were happy to remove any mention of this on the product page and in our advertising.
“Our goals with Power Up are twofold. The first is to improve mental performance on a daily basis - the “immediate” benefit, to which end we have an authorised health claim. The second is to support long term brain health - the “downstream” benefit.
“Still, recent scientific research documents how plant extracts used in Power Up (such as Gotu Kola) possess neuroprotective properties, and it would be shame not to explore these benefits.”
In March’s original ruling, the Advertising Standards Authority (ASA) denied the use of claims made for a product that purported to provide protection for the brain against neurodegenerative diseases.
Claims made on the website of sport nutrition firm MW Nutrition for a 30-day supply of capsules used accompanying text that stated: "Imagine … quietly helping your brain protect against degenerative diseases.”
ASA considered that consumers would understand the claim to mean the capsules could prevent degenerative diseases which affected the human brain, such as Parkinson’s disease.
“While we acknowledged Motion Nutrition’s willingness to make changes to their advertising, we concluded the claims implied the product prevented, treated or cured human disease, which was prohibited under the Code,” ASA said.
“The ad must not appear again in the same form. We told MW Nutrition Ltd t/a Motion Nutrition to ensure future ads did not state or imply that a food could prevent, treat or cure human disease.”
The ad breaches CAP Code (Edition 12) rule 15.6.2 (Food, food supplements and associated health or nutrition claims), which states: “Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised by the European Commission.”