Warning: Parameter 2 to wp_hide_post_Public::query_posts_join() expected to be a reference, value given in /home/customer/www/camcheck.co.za/public_html/wp-includes/class-wp-hook.php on line 307
Posted: 17 February 2012
A consumer lodged a consumer complaint against internet advertising for Herbex Immune Defence syrup. The advertisement states, inter alia, “herbex immune defence is a powerful syrup containing herbs and vitamins to improve the health of the whole family. A weak immune system may lead to illness, colds, flu and infections.”
| Herbex Immune Defence Syrup / HA Steinman / 19483 Ruling of the : ASA Directorate In the matter between: Dr Harris Steinman Complainant(s)/Appellant(s) Herbex cc Respondent |
15 Feb 2012
http://www.asasa.org.za/ResultDetail.aspx?Ruling=5955
Doctor Steinman lodged a consumer complaint against internet advertising for Herbex Immune Defence syrup. The advertising featured on the following URL: http://www.herbexhealth.com/products/products_immune.htm.
When the link is accessed the advertisement states, inter alia, “herbex immune defence is a powerful syrup containing herbs and vitamins to improve the health of the whole family. A weak immune system may lead to illness, colds, flu and infections.”
It further lists the ingredients and its benefits as follows:
“hydrasis Canadensis
Is considered a natural antibiotic
Echinacea
Enhances the activity of the immune system, relieves pain and reduces inflammation
pelargonium
Has anti-bacterial and anti-viral qualities
olive leaf
Has anti-bacterial and anti-viral qualities
sutherlandia adaptogen
is used against numerous ailments, including colds and flu”
The complainant added that similar claims were made on a YouTube video seen at: http://www.youtube.com/watch?v=q1Zq1lFKUjE
COMPLAINT
In essence, the complainant submitted that the name of the product suggests that it is able to have an impact on the immunity of an individual and protect against diseases. Furthermore, that the claims for the product are misleading and require substantiation.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clauses of the Code were taken into account:
• Section II, Clause 4.1 – Substantiation
• Section II, Clause 4.2.1 – Misleading claims
RESPONSE
The respondent submitted that the product was discontinued in August 2011 and all active advertising ceased of the same period last year. The advertising in question namely the YouTube clip and the information webpage were removed on the 27 January 2012.
ASA DIRECTORATE RULING
The ASA Directorate considered all the relevant documentation submitted by the respective parties.
The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, the undertaking is accepted without considering the merits of the matter.
As the respondent’s undertaking to remove the advertising addresses the complainant’s concerns, there is no need for the Directorate to consider the merits of the matter.
The Directorate visited the Herbex Health website and confirmed that the product is no longer advertised. It is also no longer on the link:
http://www.herbexhealth.com/products/products_immune.htm.
The undertaking is therefore accepted on condition that the advertising is withdrawn in its current format within the deadlines stipulated in Clause 15.3 of the Procedural Guide, and is not used again in future.
- Evidence for claims in weight-loss ads is slimmer than you’ll be 5 July, 2021
- Herbex UltraSlim: Advertising Regulatory Board ruling 14 May, 2021
- Herbal and diet supplements ‘have no effect on weight loss’ 10 May, 2021
- New advertising authority takes firm stand against quackery 14 December, 2020
- Herbex weight loss claims cut down to size by advertising regulator – again 18 November, 2020
- Advertising Regulatory Board: Herbex Ultraslim Ruling 11 November, 2020
- Herbex vetoed by ad watchdog over slimming pills 11 November, 2020
- Evidence for weight loss herbal supplements branded ‘insufficient’ 20 February, 2020
- How Flat Tummy Co gamed Instagram to sell women the unattainable ideal 3 September, 2018
- Quick Weight-Loss Fix? Fat Chance, As Yet Another Herbex Advert Gets Banned 13 June, 2018
- Herbex Fat Burn – Bad press 7 June, 2018
- Herbex Fat Burn For Men – ASA ruling 31 May, 2018
- Herbex Fat Burn for Men – paying for nothing 8 May, 2018
- Creator of Herbex products shares his thinking 25 April, 2018
- Herbex made unproven claims about weight loss products 11 April, 2018
- Herbex Health slated for ‘body shaming’ ad 10 April, 2018
- ASA not mandated to comment on ‘complementary medicine’: Herbex 8 April, 2018
- Herbex weight-loss claims are unsubstantiated 6 April, 2018
- ASA bans misrepresentative Herbex ad 4 April, 2018
- Herbex: Ad for a popular SA diet product has been banned 4 April, 2018
- Herbex Fat Attack – ASA ruling 4 April, 2018
- Herbex Fat Burn – Rip off? 28 March, 2018
- Top ten signs your detox may be a scam 29 December, 2017
- Herbex, MMS products detained in the USA 30 November, 2017
- Advertising that misleads, curbed 10 October, 2017
- Herbex misleads after legal setback 6 October, 2017
- Supreme Court of Appeal gives Advertising Authority (ASA) its fangs back 2 October, 2017
- The anatomy of a detox scam 2 October, 2017
- Are diets just placebos? 14 July, 2017
- Garcinia Linked to Liver Damage 1 May, 2017
- In the UK Herbex removes its claims; in SA, Herbex takes the ASA to court 29 January, 2017
- ASA launches appeal against Herbex High Court ruling 3 June, 2016
- Court action: Herbex vs ASA 16 May, 2016
- Power Report: Watchdog in chains as advertiser fights back 18 November, 2015
- Supplement manufacturers take advertising authority to court 15 November, 2015
- USN, Herbex, Antagolin, Solal and Vigro (Nativa) go to court to block ASA 6 October, 2015
- Herbex and HPA’s arguments ring hollow – ASA Final Appeal Committee Ruling 17 October, 2014
- Herbex “admits” to scam! 5 March, 2014
- Herbex Appetite Control: more Herbex nonsense? 20 January, 2014
- Herbex Attack the Fat – Scam? 18 January, 2014
- Herbex – “Take Down Notice” 9 January, 2014
- Herbex – “Schedule 0” claim 8 August, 2013
- Herbex Booster Eat Less- No proof that it works 14 May, 2013
- Herbex Attack The Fat (Hlasela Amafutha) – Does not work! 6 May, 2013
- Herbex Slimmers Drops & Tablets “Rene” advert 6 May, 2013
- Herbex Appetite Control Tablets – No proof! 12 April, 2013
- Proof – Herbex Slimmers For Men is a fat lie 7 March, 2013
- ASA Ruling: Herbex Immune Defence Syrup 17 February, 2012
- Slim HerbAqua 14 February, 2010
- Herbex – ASA rulings 1 March, 2009
No comments yet.