Advertising medicines, foods and food supplements and medical devices to consumers in the UK

The UK's Advertising Standards Authority (ASA) has provided a series of rulings on medical and health claims in relation to foods and supplements said to be for weight-loss. While the rulings relate to weight loss products, there are lessons for all companies advertising products with clinical or health claims to consumers in the UK.

Lessons learned

• Medicinal claims (to treat, prevent or cure human disease) are prohibited for foods and food supplements.
• Stating that the supplement could provide equivalent effects to a GLP-1 product is an efficacy comparison to a prescription only medicine and therefore prohibited. That then provided context for other claims which made those claims also prohibited health claims.
• Claims to reduce food cravings or hunger are medicinal, so similarly not permitted for food or food supplements.
• Health claims for food/ food supplements must be authorised on the GB register of nutrition and health claims.
• No health professionals (or persons in white coats) or celebrities might be used in advertising medicines to UK consumers.
• Any statement that a product is "doctor approved" in relation to medicines or products for which medicinal claims are made, amounts to use of a health professional to promote medicines, and is not permitted.
• Implying a rate of weight loss is not permitted, nor is suggesting that weight could be lost from a particular part of the body for medicines or foods.
• A health claim that is part of the product name is equally not permitted.

As for medical devices…

The impression created from a video advertisement was that use of the device could provide long-term improvement to the distance and duration that users could walk without experiencing aches and pains. Although clinical testing was undertaken, the data showed only temporary relief immediately after using the device and the results related to various activities, not solely walking. There was no relevant data specifically in relation to walking abilities. Survey data from users was considered insufficiently robust to support the claims because of a lack of baseline, the scope for selection bias and the placebo effect.

Lesson learned

• Permitted medical claims require a suitable level of clinical data to support them – self-reported user data is unlikely to be adequate substantiation.