Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Asthma and many allergies may be referred to in marketing communications but marketers offering products or therapies for those conditions must ensure that they hold trials, where relevant, conducted on people, to prove all medical and scientific claims (Rule 12.1). Marketers of carpet, flooring, air filters, washing machines and the like have all had complaints upheld against them because they have not shown that their products either can help allergy sufferers (Argos Ltd, 23 March 2005; Sharp Electronics (UK) Ltd, 6 October 2004; Samsung Electronics UK Ltd, 16 June 2004, and Medivac Healthcare Ltd, 19 February 2003) or have had no adverse impact on asthma and allergy sufferers (The Carpet Foundation, 30 May 2001).
Claims like "removes 99% of dust mites and allergens" are likely to be acceptable if marketers have evidence to prove them. Marketers should, however, be careful of implying that there is a definite benefit to allergy sufferers unless they have clinical trials demonstrating the health benefit of their products. Marketers of products such as vacuum cleaners and air purifiers will be on safer grounds if they limit their claims to ones that are based on fact and cleanliness rather than healthiness (Argos Ltd, 23 March 2005).
In response to concerns raised by the industry, in 1997 CAP and the ASA reviewed their position on marketing communications for devices that made health claims about asthma and allergies. The ASA Research team carried out a study into this area and discussed the validity of those claims with experts. CAP then published a Help Note that summarised the level of substantiation required to support the claims.
See also entry on ‘Vacuum Cleaners’ and the CAP Help Note on Vacuum Cleaner Marketing Communications for specific guidance on health benefit claims in that product sector.
Last modified : 26 July 2010