Posted 30 January 2012
A consumer lodged a consumer complaint against a flyer distributed by Mr Ray Ndaw Chang & Maama Tendo promoting their “3 CYLINE PENIS PRODUCTS”. In essence the complainant submitted that the advertising was untruthful, offensive and unsuitable for distribution in public. He questioned whether the respondent had any proof for the claims that it can enlarge the penis, and noted that the pamphlets were simply stuck on fences and in post-boxes in a neighbourhood where children live.
3 Cylene Penis Products / P Pretorius / 18620
Ruling of the : ASA Directorate
In the matter between:
Mr Pieter Pretorius Complainant(s)/Appellant(s)
Mr Ray Ndaw Chang & Maama Tendo Respondent
Mr Pretorius lodged a consumer complaint against a flyer distributed by Mr Ray Ndaw Chang & Maama Tendo promoting their “3 CYLINE PENIS PRODUCTS”, the pamphlet was delivered to the complainant’s home address.
The advertisement has a picture of a couple kissing, a picture of a lady’s breasts and a picture of a lady in a two piece swim suit. The heading reads “3 CYLINE PENIS PRODUCTS”, FOR MEN ABOVE 18 YEARS, ALL SEXUAL PROBLEMS FOR MEN.
It also lists some products:
“CYLINE HERBAL CREAM – TO MAKE THE PENIS BIG AND LONG TO THE SIZE YOU WANT. IT NATURALLY RELAXES THE PENIS TISSUES THUS MAKING IT BIG AND LONG”,
“ERECTILE HERBAL PILLS – TO MAKE THE PENIS ERECT POWERFULLY AND STIF [sic]. IT NATURALLY INCREASES THE BLOOD FLOW OF THE PENIS THUS MAKING IT ERECT WITH MUCH POWER”,
“EJACTROL HERBAL POWDER – TO CONTROL EARLY EJACULATION AND MAKE LONG ROUNDS DURING SEX ONE AFTER ANOTHER” and
“BREAST ENLARGEMENT CREAM”.
In essence the complainant submitted that the advertising was untruthful, offensive and unsuitable for distribution in public. He questioned whether the respondent had any proof for the claims that it can enlarge the penis, and noted that the pamphlets were simply stuck on fences and in post-boxes in a neighbourhood where children live.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clause were taken into consideration:
• Section II, Clause 4.1 – Substantiation
• Section II, Clause 4.2.1 – Misleading claims
Despite all reasonable efforts made to elicit a response from the advertiser, no response was received. The Directorate therefore had no alternative but to rule on the matter based on the information available.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.
The proliferation of charlatan healers in recent years is concerning, especially as they tend to use unregulated forms of media, such as flyers distributed by hand, to promote their businesses based on unsubstantiated claims and offensive images. The ASA has ruled against such advertisements on numerous occasions in recent years, and it has hoped that the appropriate authorities will address this issue, as it is no doubt causing harm to the credibility of legitimate healers and practitioners and this industry at large. The Directorate, however, still has a duty towards its members to consider such advertising and determine whether or not it is in line with the provisions of the Code.
The advertisements states that the respondent can assist people with erectile problems, early ejaculations and breast enlargement. When afforded an opportunity to submit such evidence in accordance with the provisions of the Code, however the respondent chose to ignore the ASA.
Given the above, the advertisement is clearly in contravention of Clause 4.1 of Section II of the Code, as the respondent does not appear to have any evidence for the claims made in its advertising. by virtue of this, the advertisement is also likely to mislead people in a manner that contravenes the provisions of Clause 4.2.1 of Section II of the Code.
Based on the above, the respondent is required to:
Withdraw the advertising;
Action the withdrawal of the advertising with immediate effect upon receipt of this ruling;
Ensure that the advertising is withdrawn within the deadlines stipulated in Clause 15.3 of the Procedural Guide; and
Not use the advertising in the current format again in the future.
The complaint is upheld.
An Ad Alert will be issued to members with reference to the advertisement at issue.