ASA Adjudications

Life Healthcare
FREEPOST JE723
St Helier
Jersey
JE1 1AF
Number of complaints: 1
Date:14 May 2008
Media:Insert
Sector:Health and beauty

Ad
A leaflet for a product called Thyroid Support Formula had a heading on the front page that stated "New Scientific Studies Prove That There Is Hope, Read On, and You'll learn the Secrets That Your Doctor Might Not Be Telling You about an Under-Active Thyroid ... OPEN NOW. Learn how Thyroid Support Formula can help you!". Text on the inside of the leaflet stated "Read over all the symptoms listed below, and make up your own mind about your own body ... You may already have been tested for an under active thyroid and had the doctor tell you that your results came back in the 'normal range'. But the truth is that conventional medicine does not have the best testing or treatment methods for an under active thyroid. Just because your test results have come back negative for an under active thyroid doesn't mean you don't have it. You have probably gone to the doctor with a list of complaints that all fall into the category of an under active thyroid only to have the doctor tell you that your thyroid is fine, but you know there is something not right with you or your body".

Text on the back of the leaflet stated "Clinical Facts ABOUT THE SOLUTION. The following are the results of a double blind study. A total of 66 patients suffering from an under active thyroid were used in a 1-year study held at the Shanghai Medical University. 32 of these patients were treated with a herbal preparation while the other 34 patients were used as the control group. The results of the study are: After the year of testing with 32 patients taking the herbal preparation and the 34 other patients being used as the control group, the clinical symptoms of the 32 patients taking the herbal preparation had 'markedly improved'. Also, the levels of thyroid hormones in the blood of the 32 taking the herbal supplement had drastically normalized".

Further text under the heading "What Thyroid Support Formula can do for you!" stated "Thyroid Support Formula contains ingredients which provide your body with natural iodine, which is necessary to maintain normal thyroid function. When you supply the thyroid with the iodine it needs, you will decrease your chance of developing a goiter and you will experience a boost in your energy levels. Since most of the thyroid hormones are filtered in the kidneys and liver, helping these organs perform better gives the thyroid a break and allows these organs to convert the thyroid hormone faster and more efficiently. Thyroid Support Formula contains ingredients that help protect the liver as well as increase and aid digestion. Thyroid Support Formula also contains ingredients that researchers have found increase the metabolism of dietary fats consumed". Bullet-points in a box next to that text listed the following benefits of taking Thyroid Support Formula: "Increase in energy; Improved metabolism; Easier weight loss; Improved mental function; Decrease in depressive symptoms; Decrease in mood swings and irritability; Increase in ability to tolerate cold; Regulated bowel movements; Improved skin texture; Improvements in hair texture; Lower LDL 'bad' cholesterol; Regulated libido; Regulated menstrual cycles; Increased ability to concentrate; Increased memory; Reduction of clumsiness; Reduced joint pain".

The final page of the leaflet had the headline "SUCCESS STORIES". Text underneath this stated "Since we introduced this product, we have had numerous reports from customers who told us that it not only helped their thyroid function, but that in many cases they felt better on Thyroid Support Formula than while taking thyroid medications like Synthroid. We received unsolicited testimonials on a daily basis from customers who tell us how much this product has helped them and how much it has improved their health and quality of life. Often we hear that a person 'has her life back' for the first time in decades ... Thyroid Support Formula does not help every person, but it is by far the most effective thyroid support we have found". The ad then featured two testimonials. The first testimonial included a photo of a woman next to text that stated "I have been taking Thyroid Support Formula for under a week and I have a marked improvement in my thinking process. The Thyroid Support Formula ad had a symptom list and I had almost all of the symptoms on the list. I have more energy, I think more clearly and, as a whole, I feel much better. Thank you. JH". The second testimonial stated "I was depressed for a long time, and could not lose weight no matter what I did - nothing worked. I kept going to doctors and they always told me my thyroid was normal ... Finally I found your website. My doctor had put me on a high dose of Wellbutrin for the depression, 300 mg/day. I quit the Wellbutrin the same day I got the Thyroid Support Formula. Within about a week I felt better. I started out taking two Thyroid Support Formula tablets per day, and I could tell it was helping but not quite enough. I increased my dosage and went to 4 per day. After a while I reduced down to 2 again, and am maintaining just great at that amount. Now I've been on Thyroid Support Formula for 6 weeks. I have lost 10lbs and am still losing. My energy has increased, I feel great, I now feel like doing things where I didn't before. One other thing is that previously, I couldn't sleep at night . I was up and down constantly. Now I sleep really well. The Wellbutrin totally killed my sex drive. Now my sex drive has come back even better than before, Also, before taking Thyroid Support Formula I was not only depressed but so grouchy that my kids were afraid to talk to me or ask me anything. Now my mood has improved 100%. My husband just tells me not to stop taking your wonderful pills! H.W".

Issue
One complainant challenged whether:

1. the ad was potentially harmful because it discouraged people from seeking proper medical treatment or from following the advice of their doctor; and

2. the claims made in the ad for the product's efficacy could be substantiated. The complainant believed that the body synthesised anything beneficial to the thyroid from iodine and amino-acids already in the diet.

The ASA challenged whether:

3. the references to the serious conditions listed in the ad discouraged people from seeking essential treatment from qualified medical practitioners,

4. the advertiser's held a marketing authorisation from the MHRA for the product; and

5. the testimonials and photos included in the ad were genuine.
The CAP Code: 3.1;7.1;50.2;50.3;50.1;50.11;14.1;14.3;2.6

Response
Life Healthcare did not respond to the ASA's enquiries.
Assessment
1. - 5. Upheld
The ASA was concerned by Life Healthcare's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

In the absence of any response or evidence to substantiate the claims made in the ad, we considered that the claims had not been proven. We concluded that the ad was misleading and could discourage people from seeking essential treatment from qualified medical practitioners.

The ad breached CAP Code clauses 2.6 (Non-response), 3.1 (Substantiation), 7.1 (Truthfulness), 14.1 and 14.3 (Testimonials and other endorsements), 50.1, 50.2 and 50.3 (Health and beauty products and therapies) and 50.11 (Medicines).

Action
We told Life Healthcare not to repeat the claims in future advertising. We urged them to seek guidance from the CAP Copy Advice team before advertising again and asked CAP to inform its members of the problem with Life Healthcare.

Adjudication of the ASA Council (Non-broadcast)

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