Comments on: ASA resolve complaint with Totally Nourish

By: dvnutrix

dvnutrix — Tue, 19 May 2009 09:50:18 +0000

By and large – making a false claim for a product or service is against the law, it’s just that the law is unenforceable. Trading Standards are the people who should be policing this but their remit is so broad that they are overwhelmed and there is almost no area that is willing to run with complaints involving such products/services.

By: dvnutrix

dvnutrix — Tue, 19 May 2009 09:47:34 +0000

We have been round and round this issue with ASA many times – for now, because that claim is made on a website and not in an advert, that is a claim that is within the rules – even though it is advertising a product and even though ASA has found against YorkTest food allergy/intolerance testing claims in advertisements.

So, that’s perfectly clear, eh?

By: Neuroskeptic

Neuroskeptic — Mon, 18 May 2009 08:48:06 +0000

Huh. Well that’s great. Although presumably there must be a law against making blatantly false claims for a product?

By: jonhw

jonhw — Sun, 17 May 2009 11:03:15 +0000

Thanks for the comment. The ASA does not class claims companies make on their own websites as advertising.

By: Neuroskeptic

Neuroskeptic — Sun, 17 May 2009 09:28:03 +0000

Hmm, one of their products (quelle surprise) is YORKTEST test kits. They say this about one such: "Dip your toe into allergy investigation. The First Step Foodscan tests your blood for a number of the most common allergies and gives you a simple yes or no result. If you choose to move on to the Second Step Test, your investment will be reimbursed." Isn't claiming that Yorktest can detect allergies false advertising? Surely they are only entitled to say that it measures IgG levels?

By: UKdietitian

UKdietitian — Sat, 16 May 2009 17:23:44 +0000

it is a pity, because it allows Holford to keep one step ahead
- Launch a product with lots of unqualified statements made sciencey to fool the public
- make a (load of) quick bucks
- pacify ASA with lots of soothing comments about being (un)intentionally too enthusiastic about marketing following complaint
- escape judgement so that ASA statement comes under the radar of the press increasingly willing to report such breaches
- got away with it!