Advertisment
A sponsored social media advert featured an image of a sachet of the product and included the following statement:
“Dry Lips?
Hydration starts at the cellular level.
Plain water only hydrates your bloodstream, electrolytes: sodium, magnesium and potassium, draw it into your cells where it is truly needed.”
Complaint
The complainant considered that the claim in the advertisement that plain water only hydrated the bloodstream was misleading and irresponsible as water provided cellular hydration through osmosis into cells and it contained naturally occurring electrolytes.
The complainant said that consumption of electrolyte sachets was not required for cellular hydration.
Response
The advertisers said that the advertisement had been created by a third party and when they noted it, they immediately removed it. They said that they now monitored all advertisements themselves and that the advertisement had not run for some time.
Conclusion
Complaint Upheld.
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted the requirements of the Code that a marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (S. 4.1) and that a marketing communication should not contain claims – whether direct or indirect, expressed or implied – which a consumer would be likely to regard as being objectively true unless the objective truth of the claims can be substantiated (S. 4.09) and that before offering a marketing communication for publication, advertisers should satisfy themselves that they will be able to provide documentary evidence to substantiate all claims that consumers are likely to regard as objective (S. 4.10).
The Council also noted the requirements of the Code that a marketing communication that contains nutrition or health claims should be supported by documentary evidence substantiating that they meet the conditions of use associated with the relevant claim, as specified in the EU Register (S. 8.9) and that a marketing communication that contains nutrition or health claims should be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register (S. 8.37).
While the Council noted that the advertisement had been removed, they noted that no evidence had been provided for the claim made, or that the claim met the conditions of use associated with the relevant claim as per the EU Register. In the absence of such evidence, the Council considered the advertisement was in breach of Sections 4.1, 4.4, 4.9, 4.10, 8.8, 8.9, 8.11, 8.14, 8.36, 8.37 and 8.38 of the Code.
Action Required: The advertisement should not reappear in its current form.
The Council reminded advertisers to ensure that evidence is held for all claims made in advertising and that health or nutrition claims are authorised on the EU Register.
