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.
Prostate products that are medicinal by function or presentation (i.e. they claim to ‘treat’ or ‘cure’ prostate problems) should have a marketing authorization from the Medicines Healthcare products Regulatory Agency (MHRA). Many of the products that CAP has received enquiries about are based on Saw Palmetto and are unlikely to need a licence from the MHRA. Information can be obtained from the MHRA on 020 7084 2000, e-mail info@mhra.gsi.gov.uk or www.mhra.gov.uk.
Health maintenance claims are not generally considered medicinal and would be acceptable if marketers were able to prove them. CAP understands that the MHRA accepts that marketers may address men interested in “maintaining a healthy prostate”. Claims such as “supporting / maintaining prostate health” and “nutritional support for a healthy prostate” are likely to be acceptable to the ASA and CAP providing marketers hold robust evidence to show that their products work as claimed. They should, however, not suggest that any product can treat or prevent prostate problems. Marketers should be aware that if they refer to the prostate in other than a health maintenance context, they are in danger of unacceptably targeting sufferers of a serious medical conditions (Rule 12.2).
In March 2004, the ASA investigated a mailing that offered a herbal treatment that was supposedly proven to work to “relieve even reverse prostate enlargement”. Although the ASA upheld the complaints because it did not respond, the marketer was probably making medicinal claims for an unlicensed product. Irrespective of whether it could substantiate the efficacy of its treatment, the marketer was in danger of breaching medicine law (Nutri-Health International Ltd, 17 March 2004). Another product, based on Saw Palmetto, was claimed to offer “prostate health without drugs or surgery”. Again, the ASA upheld the complaint and was concerned that the marketer had referred to a serious medical condition (Sapco, 11 July 2001).
The ASA has also upheld complaints about marketing communications for non-medicinal products such as books: marketers should not discourage essential treatment by stating or implying that their books give information about how to treat or cure prostate problems (The Natural Health Foundation, 31 March 2004; and The British Prostate Association, 15 October 2003). Marketers of such books should see the CAP Help Note on Marketing Publications.
Last modified : 26 July 2010