ASA ruling: a supplement ad promised to clear smokers' lungs

Key takeaway: A food supplement cannot be advertised as treating or curing a disease or its symptoms, and before-and-after pictures can carry that message as strongly as words. Wording about lung function, sleep or energy is a health claim, so it needs an authorised wording from the GB register and its conditions of use.

The ASA published one ruling this week on health or nutrition claims for food supplements, or for food and drink. It was about a paid-for Facebook post.

A supplement ad that promised to clear smokers' lungs

The claim: An online supplement seller ran a paid-for Facebook post with the heading "SMOKE ALL YOU WANT Just clear your lungs Daily". It showed two pairs of lungs: one black, labelled "Day 0", and one pink, labelled "Day 90". Text on the ad said the product "Reduces Morning Cough", and promised it also "Restores Easy Breathing", as well as that it "Clears Lung Congestion" and then "Clears Tar & Buildup". The caption added that the product "Helps clear trapped mucus and phlegm from airways", and went on to say it "Supports healthy lung function and oxygen flow", and finally that it "Promotes deeper breaths, restful sleep, and an energized body". The advertiser did not respond to the ASA's enquiries.

The rule: CAP Code rules 15.6 and 15.6.2 (a food cannot be said to prevent, treat or cure human disease) and rules 15.1 and 15.1.1 (only health claims authorised on the GB nutrition and health claims register may be made for food, and their conditions of use must be met). The ASA also found a breach of rule 1.7 for the lack of a response.

Why it failed: The ASA upheld both issues.

• Disease claims. Read in context, the headline, the lung pictures and the claims on and around them told consumers the product could treat or cure respiratory symptoms and conditions caused by smoking, such as tar build-up, coughing, wheezing, congestion and mucus. The product was a food supplement, so these claims were not allowed.
• Unauthorised health claims. The ASA read "Supports healthy lung function and oxygen flow" and "Promotes restful sleep, and an energized body" as claims that the product would benefit lung function, oxygen flow, sleep and energy. It had seen no evidence that they were authorised on the GB register for the product or its ingredients.

A compliant alternative: The ruling does not say which nutrients the product contained, so we cannot match any authorised wording from the register. There is no authorised claim for this; the safe option is to drop it. That goes for every line that points at the lungs, at coughs or mucus, and for the before-and-after pictures.

Source: ASA ruling

What to check in your own ads

• Pictures are claims. A before-and-after image can state or imply a cure, even if the words around it are softer.
• Symptoms count as disease. Wording about coughs, wheezing or congestion can be read as treating a condition.
• "Supports" is still a health claim. If wording links a food or ingredient to a body function, it needs an authorised wording and its conditions of use.
• Respond to the regulator. Ignoring the ASA's enquiries is a breach of its own, and here it came with a referral to CAP's Compliance team.

See our example report, or check yours.

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This is not legal advice.