ASA cracks down on anxiety claims: Six brands scolded

26-Jul-2024 - Last updated on 26-Jul-2024 at 12:15 GMT

The Advertising Standards Agency (ASA) has made six rulings against brands making anti-anxiety claims, utilizing its new AI monitoring system to catch breaches.

Active Ad Monitoring

The ASA is using AI to proactively search for online ads that might break the rules. The system uses uses public sources, internal tools and proprietary datasets to gather ads from various sources, including social media, search engines and display networks. Machine learning models analyze the collected ads to detect those most likely to be non-compliant or relevant to specific regulatory issues.

ASA experts then use a web interface to review the flagged ads, enabling them to quickly identify and address problematic advertisements. The system processes over 100,000 ads monthly.

This project follows a recent AI-driven project to catch brands making claims to treat menopause symptoms.

Nootropic gummies

U.S. brand Auri Nutrition featured testimonials and a video on Facebook, promoting "nootropic super mushroom gummies" with various health benefits, including eliminating stress and improving focus, memory and energy.

The ASA identified the following issues: The implication that the product could prevent, treat or cure human disease; specific health claims like "nootropic" and "adaptogen"; and general health claims such as "transform your life."

All claims breached the CAP Code (Code of Non-broadcast Advertising and Direct & Promotional Marketing), as they either implied the product could treat disease or made unauthorized health claims not supported by the Great Britain nutrition and health claims register.

Auri Nutrition acknowledged its non-compliance and withdrew the ad, committing to adhere to the CAP Code in future advertising.

Reduced fatigue

The authority challenged UK gummy brand Novomins for making claims that its Night Time Gummies could promote better sleep, reduce tiredness and fatigue and lessen stress and anxiety in a Facebook ad.

Novomins Nutrition provided studies supporting the benefits of certain ingredients but acknowledged the need to remove stress and anxiety claims.

The ASA also found that claims about better sleep were unsupported by authorized health claims, and the claim of reducing tiredness and fatigue was exaggerated and misattributed. Furthermore, the general health claim "a happier & healthier you" was not accompanied by a specific authorized health claim.

Improved brain function

Four Facebook ads by UK based brand Feel Güd promoting its mushroom gummies claimed the gummies could help with anxiety, stress, focus, energy, brain function, immunity and sleep.

The ASA asserted the claims implied the product could prevent, treat or cure diseases. Feel Güd defended its claims based on scientific studies but admitted the claims were not listed on the Great Britain nutrition and health claims register.

Stress-reducing ashwagandha

A Facebook ad for Nutriburst Vitamins gummies made various health claims about the benefits of KSM-66 ashwagandha, including reducing stress and anxiety, strengthening muscles and improving mental functions.

The ASA challenged these claims, questioning if they implied the product could prevent, treat or cure human diseases. Nutriburst acknowledged the issue and agreed to remove non-compliant claims.

Sharper focus

Mushroom powder brand Vitality Greens ran two Facebook ads for its VitaShroom Gummies supplement, claiming benefits such as stress reduction, enhanced energy, sharper focus and improved immunity.

The ASA challenged these claims for breaching the Code. Concerns were also raised about the inclusion of turkey tail mushroom, considered an unauthorized novel food.

ASA Ruling on Well Gummies

Three paid ads for Well Gummies supplements were seen on Facebook and TikTok, featuring a testimonial highlighting improved focus and energy, and promoting ingredients such as lion's mane and cordyceps for various health benefits. Another ad claimed natural brain re-fueling and stress relief, and the third claimed benefits for ADHD, anxiety, depression, energy, immunity and acne.

The ASA challenged these ads on multiple grounds: They implied the product could treat or cure diseases, made unauthorized specific and general health claims and marketed the turkey tail mushroom as an ingredient although it lacks proper authorization as a novel food.

Well Gummies responded by cutting the ads in question and ceased targeting ads to UK consumers.

ASA guidance

The ASA site notes that advertising regulations for supplements are stringent, prohibiting medicinal claims unless the product is a licensed medicine. As supplements are classified as food, not medicine, they cannot claim to diagnose, treat or prevent diseases.

Any advertisements brands run must adhere to Section 15 of the CAP Code and the GB Nutrition and Health Claims Register. General health claims (GHCs) must be supported by specific health claims (SHCs) that are authorized and accurately reflect the nutrient's benefits.

The regulation body warns that marketers must ensure that the claim is made in relation to the relevant nutrient or food for which it has been authorized rather than for the product as a whole—replacing the nutrient referred to in the authorized claim with the product name is unacceptable. Customer testimonials must also comply with these regulations, and advertisers are responsible for ensuring all claims are substantiated.