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 CAP Copy Advice team has had several enquiries about Noni Juice. Marketers of the so-called ‘miracle’ product have claimed that it can cure arthritis, heart disease, diabetes, high blood pressure, cancer, HIV and other medical conditions. Notwithstanding the Code prohibiting marketers from claiming to treat serious medical conditions (Rule 12.2), an ASA investigation found that one marketer could not provide evidence to show the product could treat the conditions listed (My Health Corner, 19 May 2004). A subsequent investigation found that another advertiser did not substantiate the claims that benefits included “increased mental clarity and attention span – boosts energy levels – improved metabolism - helps to regulate blood sugar levels and promotes healthy joints” and “boost stamina and maintain heightened physical performance levels” (Biovea.co.uk, 17 August 2011).
A review of the evidence in April 2004 by Bandolier, showed that a systematic review and reports in the medical literature of randomised trials found no robust evidence to support the efficacy of the product.
In 2003, the MHRA concluded that, because it made numerous claims to treat adverse medical conditions, the product was a medicine (www.mhra.gov.uk). Marketers are therefore advised to check with the MHRA that they are not making medicinal claims for an unauthorised product (Rule 12.11) and should advertise on an availability-only platform.
Last modified : 29 March 2012