This week’s ASA Adjudications: three complaints upheld about misleading healthcare claims

This week, we have three adjudications to consider, two of which the Nightingale Collaboration tweeted about in the middle of last night, which I thought was remarkably quick off the mark.

The first concerns a leaflet about a ‘therapeutic couch’ sold by Nuga Best UK and Ireland.  It contained a series of wild, laughable claims. My favourite is ‘use during a nights sleep can produce the same effect as running 20~30km’.  They sell lots more weird and wonderful gadgets and their website is chock-full of unsubstantiated claims and implications about their medical benefit.

The second is an interesting one. As the Nightingale Collaboration’s tweet succinctly put it, it is about a ‘device making medical claims which wasn’t certified to Medical Devices Directive’.

High Tech Health challenged whether the claim “fully certified CE device” made by Comfort Click Ltd (t/a weightworld.co.uk) on a sponsored search result was misleading and could be substantiated, because they believed that the advertisers only had electrical certification.

High Tech Health is obviously a competitor. Their Circulation Booster is remarkably similar to the Comfort Click (aka weightworld.co.uk) product.

Comfort Click replied that they did not believe that a reasonable user would assume that “fully certified CE device” referred to medical certification.  If this is the product in question, according to the weightworld.co.uk website, it does now have medical certification.

The ASA upheld the complaint because ‘to promote a product as a medical device, we understood that that product required Class IIa medical device CE certification’ and the ‘claim was not qualified by additional text explaining that, without clarification, the certification related to compliance with electrical safety regulations only’.

The third adjudication is another complaint by a competitor, concerning Laser Eye Surgery. Optical Express complained about Optimax Laser Eye Clinics, for suggesting superiority claims in direct mail and a sponsored internet search. Further details here.

Judging by the Optimax website, it is a pretty competitive market.

3 responses to “This week’s ASA Adjudications: three complaints upheld about misleading healthcare claims

  1. Pingback: Weekly ASA adjudications: some interesting informal resolutions and only three adjudications | Josephine Jones

  2. Pingback: Weekly ASA adjudications: Dorset primary school trials magic badge & several misleading claims still online | Josephine Jones

  3. Pingback: WeightWorld’s woeful SEO work | Josephine Jones

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