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.
The ASA has taken a robust line that product and company names should not be used to make a claim that would be otherwise unacceptable. If it breaks the CAP Code, a claim is unlikely to be acceptable, whether it appears in the copy, the product name or the company name.
The ASA has, on numerous occasions, considered that a product name would imply an unproven effect [even in the absence of direct or explicit claims]. For example, in December 2002, the ASA ruled that the name of a slimming product called Metabaslim misleadingly implied that the product burned fat by speeding up the metabolism (Tan Express,4 December 2002). If the product name is not a registered trade mark, marketers should re-brand their product in a way that does not incorporate an unproven claim. If the product name is a registered trademark, marketers should include a prominent statement to disclaim the implied claim. In 2008, the ASA concluded that a product name, Fat Stripper, misleadingly implied the product worked for fat loss. Although the ad included a disclaimer, it was tiny and was likely to be overlooked by most readers. But the ASA concluded that, even if it been more prominent, the disclaimer would have contradicted the implied efficacy claim in the name. Because it was not a registered trademark, the ASA told the advertiser not to feature the product name in its marketing material again (LA Muscle Ltd, 27 February 2008).
That stance on claims in names does not relate only to substantiation of product efficacy. The ASA upheld a complaint about an advertiser offering a dietary supplement, Prostate Plus, on the grounds that the prostate reference not only implied that the product could prevent or treat prostate problems, which the advertiser could not prove (Rule 12.1), but also might discourage consumers from seeking essential medical advice (Rules 12.5 and 12.2). Given the gravity of the latter, the advertiser was specifically told to include statements that the product had not been shown to prevent or treat prostate problems and that sufferers should seek medical advice.
Marketers of books or other publications should be aware that referring to the titles of publications that incorporate unproven claims is likely to be acceptable provided that the title is expressed in quotation marks and the first reference to that title is immediately followed by the author’s name. Other copy referring to unproven claims that are featured in the publication should be presented only in discursive terms. More comprehensive advice about advertising publications can be found in the CAP Help Note on the Marketing of Publications and the entry on ‘Publications’.
See 'Weight Control: Claims in names'.
Last modified : 29 June 2010