Potters Ltd t/a Equazen 1 Botanic Court Martland Park Wigan WN5 0JZ Number of complaints: 1

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

Ad
A national press ad for eye q, an omega-3 and omega-6 supplement from Equazen, was headed, in chalk written on a blackboard, "PAY ATTENTION!"  Further text superimposed onto the board stated "What will you choose for your child?".  The ad included a pack shot of eye q capsules and eye q chews; both included the text "Independently tested  The Durham Trial  Naturally-sourced Omega-3 & Omega-6 oils".  The capsules pack stated "5 years +" and the chews pack stated "3 years +".  Text in a ticked list stated "Independently tested*  Naturally-sourced omega-3 & omega-6  No aspartame  No hydrogenated fats  No artificial colours".  The asterisk was linked to small print text that stated "*Richardson, A.J & Montgomery, P (2005).  The Oxford Durham Study: A Randomized, Controlled Trial of Dietary Supplementation with Fatty Acids in Children with Development Co-ordination Disorder.  Pediatrics, 115, 1360-1366  *Sinn, N. & Bryan, J (2007).  Effect of supplementation with polyunsaturated fatty acids and micronutrients on Learning and Behaviour problems Associated with Child ADHD.  Journal of Development & Behavioral Pediatrics, 28, 82 - 91 ... For further information please visit www.equazen.com or call the customer service helpline 0870 ... ".

Issue
1.  The complainant challenged whether the ad was misleading because it implied the product could improve all children's school performance whereas he noted from the small-print that the studies referred to had been conducted on specific groups of children with Developmental Co-ordination Disorder (DCD) and Child Attention-deficit Hyperactivity Disorder (ADHD).

2.  The ASA challenged whether the ad, in particular the headline claim, "PAY ATTENTION!", in combination with the claim "Independently tested" and references to published studies that had been carried out on children with ADHD, implied the product could treat the symptoms of ADHD, a serious medical condition, and could therefore discourage essential treatment.

The CAP Code:

50.3;50.21;50.1;3.1;7.1

Response
Equazen said they were committed to ensuring compliance with advertising Codes of practice and added that this ad had been approved for publication by the Proprietary Association of Great Britain (PAGB).

1.  Equazen said the ad did not state that the product could improve all children's school performance; it clarified which specific groups had been involved in eye-q studies by providing an asterisk link from the claim "Independently tested" to a list of the relevant trials which explicitly stated that the studies had been carried out on children with DCD and ADHD.  The ad did not, therefore, refer to a general population of children and could not mislead in this regard.  Equazen also pointed out that, in addition, the ad included a telephone number for their customer service helpline, where any consumer misunderstandings could be clarified.

2.  Equazen explained that the phrase "PAY ATTENTION" was intended to catch the attention of readers as they scanned the publication in which the ad featured.  It was not used in isolation, but was immediately followed by the text "What will you choose for your child?" and a photograph of eye-q capsules and chews.  They said the essence of the ad was to draw attention, without disparaging competitor products, that eye-q products were naturally sourced, independently tested and without aspartame, hydrogenated fats or artificial colours.  

They said they had included information about the specific groups of children who had participated in the eye-q trials to avoid any possible confusion or implication that the ad's claims referred to a general population.  They believed, however, the ad did not discourage essential treatment.  They argued that, although a food supplement could be useful to a specific group, that did not suggest that that group should no longer use their prescribed medication.  They said the ad did not make medicinal claims in relation to any condition; it merely clarified that the product was tested on specific groups rather than a general population of children.

Equazen agreed that ADHD was a serious medical condition and believed sufferers and carers of children with ADHD knew to seek medical diagnosis and treatment regimes rather than to rely on food supplements.

Assessment
1.  Upheld
The ASA noted the claim "Independently tested" was linked via an asterisk to study references, which clarified that the trials had been conducted on children with DCD and those who exhibited learning and behaviour problems associated with Child ADHD.  We understood that the text had been included in order to clarify to consumers that the studies undertaken had not involved a general population of children and to specify, therefore, that the claims made in relation to eye-q were not targeted at children generally.

We considered, however, that readers were likely to infer from the headline "PAY ATTENTION!", written in chalk on a schoolroom type blackboard, in conjunction with the claim "What will you choose for your child?", that the ad was aimed at parents of children in general and that the product could help to improve the attention levels of all children, not any particular group.  We acknowledged that the claim "Independently tested" provided a link to small-print which clarified that specific groups of children had participated in the testing, but considered that this information contradicted and rendered ambiguous, rather than clarified, the implication given by the body copy of the ad.  Although we appreciated that it was not the message Equazen had intended to convey, we concluded that the ad was likely to mislead about the likely benefit children in general could achieve from the intake of eye-q capsules or chews.     

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies - general) and 50.21 (Health and beauty products and therapies - vitamins, minerals and other food supplements).

2.  Upheld
We understood that the reference to ADHD, a serious medical condition, in the ad's small-print was included to clarify that the testing referred to in the body copy had been conducted on a specific group of children and not a general population.  We also noted the CAP Code clarified that marketers should not discourage essential treatment or offer specific advice on, diagnosis of or treatment for a serious or prolonged condition unless it was conducted under the supervision of a suitably qualified health professional.  We were concerned that the headline claim "PAY ATTENTION!" in conjunction with the claim "Independently tested", which clarified that the product had been trialled on children with a serious medical condition, indirectly implied a solution for the treatment of ADHD by way of improving the attention capabilities of those children.  We considered that this impression was problematic for two reasons; eye-q was freely available and not supplied under the supervision of a qualified health professional and, although under the CAP Code marketers could offer vitamin and mineral supplements to certain groups as a safeguard to help maintain good health, they should not imply they could be used to prevent or treat illness.

We recognised that the intention of Equazen was not to convey that eye-q provided a treatment for ADHD and appreciated their opinion that they would expect sufferers of ADHD and their parents or carers to seek medical diagnosis and treatment with an explicitly stated effect on that condition.  We concluded, however, that the ad had indirectly offered a treatment for a serious condition and was, therefore, in breach of the CAP Code.

On this point, the ad breached CAP Code clause 50.3 (Health and beauty products and therapies - general) and 50.21 (Health and beauty products and therapies - vitamins, minerals and other food supplements).  

Action
The ad must not appear again in its current form.  We advised Equazen to seek guidance from the CAP Copy Advice team before issuing further ads for eye-q.


Adjudication of the ASA Council (Non-broadcast)