Direct Beauty Products Ltd Manor Farm Barns Fox Road Framingham Pigot Norwich NR14 7PZ Number of complaints: 1

Date: 15 October 2008 Media: Direct mail, National press Sector: Health and beauty

Ad
Two national press ads and a direct mailing for Nourkrin, a hair loss supplement:

a. The first national press ad was headlined "Nourkrin helps movie legend Britt Ekland beat hair loss ..." and showed a photograph of Ms Ekland.  Text continued "thinning hair and hair loss can affect as many as 1 in 3 women ... So what's the secret to the wonderfully rich, thick golden hair that keeps this Hollywood legend looking younger than many women half her age?  It's Nourkrin, the award winning supplement that supports natural re-growth in women suffering temporary hairloss.  It contains a special formula of all-natural ingredients that support natural hair growth ... Nourkrin has won major awards both in the UK and Europe.  It has been voted "leading brand for thinning hair" by the European Cosmetics Markets".  Text under the sub-heading "PRESS PRAISE FOR NOURKRIN" stated "It's not just Hollywood stars who love Nourkrin.  National newspapers and magazines have all given this award-winning supplement outstanding support "The results are excellent ..." Closer magazine  "Get Results!" Woman  "Hair care colour queen Jo Hansford says that after years of searching, the best hair supplement she has come across is Nourkrin" Cosmopolitan".  A quotation from an unidentified source stated "I take Nourkrin because it nourishes thinning hair and promotes existing hair growth".  Text under another sub-heading "SCIENTISTS CONCLUDE IT WORKS!" stated "Results of an independent clinical trial have been published in the highly respected Journal of International Medical Research.  Nourkrin was tested against a number of products and users reported "favourable effects of hair gain compared to other treatments": 77% of participants reported a positive effect.  61.5% improvement in hair gain".      

b. A second national press ad was headlined "Britt Ekland uses Nourkrin, UK's No.1 hair supplement".  A photograph of Ms Ekland was accompanied by quotations from her, one of which stated "I discovered this award-winning supplement can support natural regrowth in women suffering temporary hair loss".  Text in the body copy of the ad continued "thinning hair and hair loss can affect as many as 1 in 3 women ... So what's the secret to the wonderfully rich, thick golden hair that keeps this Hollywood legend looking younger than many women half her age?  It's Nourkrin, the award winning supplement that could support natural re-growth in women suffering temporary hairloss.  It contains a special formula of all-natural ingredients that support natural hair growth ...".  Text under the sub-heading "THE AWARD-WINNING HAIR SUPPLEMENT" stated "Nourkrin has won major awards both in the UK and Europe.  It has been voted "leading brand for thinning hair" by the European Cosmetics Markets"; text under the heading "PRESS PRAISE FOR NOURKRIN" stated "... National newspapers and magazines have all given this award-winning supplement outstanding support".  Text in quotation from Closer Magazine, Woman and Cosmopolitan respectively stated "The results are excellent ...", "Get results!" and "Hair care colour queen Jo Hansford says that after years of searching, the best hair supplement she has come across is Nourkrin".  The ad included a photograph of a pack of Nourkrin, which included the claim "Hair Recovery Programme".    

c. Text on the front cover of a direct mailing, entitled "Nourkrin NEWS", stated "SAFE, NATURAL AND CLINICALLY PROVEN  USED BY CELEBRITIES Cheryl Baker Britt Ekland & Lee Sharpe ... Finalist in The PureBeauty Awards ... 'LEADING BRAND FOR HAIR LOSS' EUROPEAN MEDICAL JOURNAL".  Text inside the mailing stated "Cheryl Baker says "Stick with it" ... Being a woman, people don't expect to see me [my hair] thinning but that is what happened to me ... my friend found out, who introduced me to Nourkrin ... It does take time.  It took about four months before I noticed a difference but within six months my hair was better than it has ever been.  You have to stick with it for a good four to six months at least".  Text superimposed onto a photograph of Ms Baker stated "Clinically proven to promote hair regrowth".  The mailing also included photographs and statements in support of Nourkrin's use from former footballer, Lee Sharpe, and actress, Britt Ekland.  Boxed text under the heading "WHAT THE PRESS HAVE TO SAY" stated ""Pill that can reverse woman's hair loss" The Daily Mail "Nourkrin has been shown to help remedy Alopecia Areata in the majority of patients taking it" Style Magazine "Nourkrin achieved a rating of 5/5" Closer Magazine "Nourkrin voted the leading brand for thinning hair" European Cosmetic Journal "Hair colour queen Jo Hansford says that after years of searching, the best hair supplement she has come across is Nourkrin" Cosmopolitan Magazine".  Text on the back of the mailing stated "92% Success and that's official Clinically proven in placebo, double blind studies".  Bullet-pointed text continued "A significant decrease of thinning hair.  After two months of treatment, the thinning hair had stopped in all subjects.  92% of subjects suffering with Alopecia Areata saw a regrowth of permanent hair after 6 months.  83% of subjects suffering from Alopecia Totalis saw the same improvement after 4 months of the treatment.  9 out of 10 women taking Nourkrin reported an improvement.  85% of subjects suffering from Alopecia Areata were completely cured with another 10% of subjects showing partial regrowth of hair".  Text continued "A survey amongst Nourkrin customers was conducted which also shows a high satisfaction with the product and positive results.  83% of Nourkrin users saw an improvement after using Nourkrin.  Professor Jan Wadstein, M.D., Ph.D. Associate Professor at Lund University, Sweden, examined Nourkrin and it's [sic] exact workings from a science point of view.  'The active ingredients in Nourkrin feed the hair follicles from within thereby stopping hair loss, promoting growth and strengthening existing hair.  Nourkrin enables the body to utilise the nutrients improving the environment in the digestive system allowing for increased absorption of the nutrients.  Taking Nourkrin introduces a natural and easy way to reduce hair loss and promote existing hair growth - thereby maintaining healthy hair'."

Issue
Lifes2good, who had until recently distributed Nourkrin in the UK, challenged whether:

1.  the inclusion of a testimony from Britt Ekland in all three ads was misleading, because they understood that the product formula used by Ms Ekland was different from that currently on sale;

2.  ads (a) and (b) gave a misleading impression of the likely benefits of using Nourkrin, because they included a photograph of Britt Ekland that had been taken when she was several years younger;

3.  references to supportive press reports in all three ads were misleading, because they referred to a Nourkrin formula that differed from the product currently on sale;

4.  the claim "SCIENTISTS CONCLUDE IT WORKS!" in ad (a) was misleading and could be substantiated, because they understood that the independent clinical trial published in the Journal of International Medical Research had been conducted on an earlier formulation of Nourkrin and not that currently available;

5.  the appearance and testimonies from Cheryl Baker and Lee Sharpe in ad (c) were misleading, because they understood that both celebrities used an earlier Nourkrin formula, which differed from that currently available.

6.  The ASA challenged the efficacy claims for the product to prevent hairloss and assist hair regrowth in all three ads.

The CAP Code:

3.1;7.1;14.1;14.2;50.26;50.1

Response
Pharma Medico International (PMI), the manufacturers of Nourkrin Food Supplements, responded on behalf of Direct Beauty Products (DBP).

1.  PMI said, since 2003, the levels of inert crude inactive proteins found in the active ingredient of Nourkrin had been reduced.  They maintained, however, that the levels of the active compound found in the main ingredient, a marine extract, had remained constant.  They explained that the reduction of the inert crude protein did not significantly affect the formulation or efficacy of the product but was intended to improve the sensory impact of it.  They confirmed that the product currently available contained the same amount of active compound within the marine protein extract as had always been found in Nourkrin and that Britt Ekland continued to use and endorse the product.

2.  PMI asserted that the photographs of Britt Ekland in all three ads were taken in April 2006 and December 2007 and reflected her appearance at that time.  They submitted invoices for payment relating to a recent photo shoot for the ASA's attention.

3.  PMI reiterated that the amount of active ingredient had remained unchanged since 1999.  They believed, therefore, because the formulation of the products had not been affected in any substantial way, the product referred to in the ads was the same as that currently available.

4.  PMI explained that the claim "SCIENTISTS CONCLUDE IT WORKS" referred to a report that had been published in the Journal of International Medical Research concerning the findings of a double-blind, randomised and placebo controlled trial in 2006.  They submitted a report from the expert who had conducted the testing, which confirmed that the active ingredient element in the product used in the 2006 study was identical to the active ingredient element in the Nourkrin formulation as it was currently sold.

5.  PMI explained that the testimony of Cheryl Baker and Lee Sharpe related to Nourkrin products of the same formulation taken by them.  Because the formulation change had not affected the amount of active ingredient in Nourkrin, the product they used was effectively the same as that available when the ads were issued.

6.  PMI explained that the ad was based on a previous ad published by Lifes2good when they were responsible for the distribution of Nourkrin.  They said they had understood that the claims it contained were acceptable under the Committee of Advertising Practice (CAP) Code at the time of publication, but had since become aware that that was not the case.  They said they now took advice from the CAP Copy Advice team prior to publication of all marketing material.

PMI reiterated that the amount of the active ingredients in Nourkrin had not been affected by the formula change and so its efficacy had not been affected.  They submitted a report from their expert consultant in substantiation.   The report confirmed that changes made to the overall product formulation since 2001 had not affected the amount of active ingredient contained in the product.  It explained that the nutritional value for protein levels had been reduced as a result of the changes, but this had not significantly or adversely affected the potential of the active ingredients.  The report referred to clinical trials, which stated that the amount of protein in the product had no influence over its efficacy potential.

It explained that, in two trials carried out in 2001 and 2006, a supplement containing the exact same profile as the current Nourkrin formulation was used.  In the 2001 trial, the results reported that 32.4% of the trial participants experienced an improvement in hair growth after 12 months.  In the most recent trial published in 2006, the results stated that 35.7% of the participants in the active group found an improvement in hair growth after six months and that long-term treatment of over six months was preferable for more satisfactory results. The trial was randomized, double-blind and placebo controlled.  The report also provided a list of references which discussed the effects of marine-based extract of proteins on hair loss and development.

Assessment
1.  Not upheld
The ASA understood the concerns of the complainants, because the overall formulation of the product had changed over recent years.  We considered, however, that, because the level of the 'active compound' had remained constant, the formulation change was unlikely to be seen as materially significant or perceived adversely by consumers.  We understood that Ms Ekland had used and endorsed Nourkrin for some time before the formula changed and continued to use it.  We concluded that the ad was not misleading in this regard.

2.  Not upheld
We noted the invoices submitted by PMI and understood that the photographs of Britt Ekland, having been taken only recently prior to the ads' appearance, were more recent than the complainant believed.  We also noted the photographs were not presented in such a way as to suggest a 'before and after' effect.  We concluded that the images of Ms Ekland were likely to be understood by readers as illustrative only and had not exaggerated the possible effect of the product.

3 Not upheld
We noted the complainants' concern that the current formula of Nourkrin differed from that which was referred to in press statements and considered that readers would expect from the claims made in relation to them that the product formulation was the same.  We noted, however, although the overall formulation of the product had changed, the level of 'active compound' had not varied.  We considered, therefore, that if consumers were to wrongly infer that the claims referred to the current formulation, no detriment would result from that interpretation because the formulation was not significantly different in that regard. We concluded, therefore, that the references to supportive press reports were unlikely to mislead.

On points 1 to 3, we investigated the ads under CAP Code clause 7.1 (Truthfulness) but did not find them in breach.

4.  Upheld
We understood the complainants' concern that the claim "SCIENTISTS CONCLUDE IT WORKS!" and reference to an independent clinical trial published in the Journal of International Medical Research in ad (a) were misleading, because the product that had been subject to the trial was not the formulation of Nourkrin currently available.  We understood, however, that although the overall protein content had been reduced, the 'active compound' formulation within the main protein source, a marine extract, constituted the same profile as that found in the Nourkrin tablet currently being sold by PMI.  In view of this, we were satisfied that it was not misleading to refer to the study in this regard.

We were concerned, however, that the claim "SCIENTISTS CONCLUDE IT WORKS!" in conjunction with the inclusion of the study reference implied efficacy for the product.  We understood that the same trial was criticised in the course of a previous investigation concerning Nourkrin, because it was not of a sufficient quality to demonstrate that Nourkrin had any clear effect on the prevention of hair loss or the promotion of hair regrowth that could be externally validated.  In addition, we considered that the claim "SCIENTISTS CONCLUDE IT WORKS!" implied universal acceptance of the product's efficacy, which had not been supported with evidence.  Therefore, although we considered that the claim was not misleading for the reasons outlined by the complainant, we concluded that it was, nevertheless, misleading and should not be repeated in any future ads.

On this point, ad (a) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies - general) and 50.26 (Health and beauty products and therapies - hair and scalp).

5.  Upheld
We understood that the overall formulation of Nourkrin had changed, but that the amount of 'active compound' in the current formula was the same as that used by Cheryl Baker and Lee Sharpe.  We considered, however, that readers would understand from the appearance of the celebrities to mean that they continued to use and endorse the product.  We noted from the CAP Code that testimonials should only be used with the written permission of those giving them but we were not shown evidence to demonstrate that Cheryl Baker and Lee Sharpe had given permission for the continued use of their testimonials.  We concluded that the appearances and testimonies of Cheryl Baker and Lee Sharpe in ad (c) were misleading.

On this point, ad (c) breached CAP Code clauses 7.1 (Truthfulness) and 14.1 (Testimonials and endorsements).

6.  Upheld
We considered that the ads implied Nourkrin had been proven to have an effect on hairloss and hair re-growth; they included the claims "Clinically proven", "Hair Recovery Programme" and "The active ingredients in Nourkrin feed the hair follicles from within thereby stopping hair loss, promoting growth ... Taking Nourkrin introduces a natural and easy way to reduce hair loss and promote existing hair growth ...".

We acknowledged the clinical trials submitted in support of the product's efficacy to prevent hair loss and promote hair growth and recognised that the results of the trials appeared to reflect positive responses.  Having consulted an independent expert to assess the same evidence during the course of a previous investigation concerning Nourkrin, however, we were concerned that there were discrepancies in the trials' data and methodologies which meant that they were not of a sufficient quality to demonstrate a clear effect on hair loss or hair regrowth to the degree suggested in the ads' claims.

We concluded, therefore, that the efficacy claims for the product to prevent hair loss and assist hair growth were unsubstantiated and likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.26 (Health and beauty products and therapies - hair and scalp).

Action
The ads must not appear again in their current form.  We told Direct Beauty Products to ensure that future marketing made no reference to the testimony of either Lee Sharpe or Cheryl Baker unless they held written confirmation that permission had been given and also to ensure that claims for Nourkrin did not imply it was efficacious to prevent hair loss or promote hair growth.

Adjudication of the ASA Council (Non-broadcast)