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.
In response, MW Nutrition, trading as Motion Nutrition said they did not intend the text to form a claim, but they understood how it could be framed in that way. They added that they had removed the claim.
“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.”