ASA Ruling: Insupro Forte

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The complainant submitted that the advertisement offers oral insulin, which does not exist as all insulin on the market has to be given by injections.

The advertisement also claims that the product is effective on sugar control, reductions of complications, restoration of pancreatic function. No references of these claims are given.

The complainant further submitted that the advertisement is misleading and irresponsible as it may lead to death of Type 1 diabetes patients if they stop their present insulin treatment.

The ASA considered the complaint and the response from the respondent, and ruled . . . 

UPDATE Insupro Forte was declared an undesirable medicine by the Medicines Control Council on 4 August 2009. This in effect "bans" the product in South Africa.

Insupro Forte / F Bonnicci / 12291

Ruling of the : ASA Directorate In the matter between:

Prof. Francois Bonnici Complainant(s)/Appellant(s)
InsBioscience South Africa (Pty) Ltd Respondent

06 Apr 2009

 

Professor Bonnici lodged a consumer complaint against Insupro Forté print advertisement that was published at Diskem stores as well as the website www.insupro.co.za.

The advertisement conveys, inter alia, information about this oral insulin, how it works, side effects and precautions. The advertisement makes reference to Diabetes Type I and Type II.

COMPLAINT

The complainant submitted that the advertisement offers oral insulin, which does not exist as all insulin on the market has to be given by injections. The advertisement also claims that the product is effective on sugar control, reductions of complications, restoration of pancreatic function. No references of these claims are given. The complainant further submitted that the advertisement is misleading and irresponsible as it may lead to death of Type 1 diabetes patients if they stop their present insulin treatment.

RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint the following clauses of the Code were taken into account:
Section I, Clause 1.2 – Responsibility to the consumer
Section II, Clause 4.2.1 – Misleading claims
Appendix A – Medicinal and related products and advertisement containing heath claims
Appendix F – References to diseases in advertising

RESPONSE

The respondent submitted that the advertisements have been withdrawn and are no longer in use. It has undertaken a thorough analysis of the advertisement and material in respect of the Code of Advertising Practice and will make changes accordingly.

ASA DIRECTORATE RULING

The ASA Directorate considered 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, that undertaking is accepted without considering the merits of the matter.

The respondent’s undertaking appears to address the complainant’s concerns. There is therefore no need for the Directorate to consider the merits of the matter at this time. The undertaking is accepted on condition that the advertisement in its current format is not used in future.

The respondent’s attention is also drawn to the provisions of Clause 15.5 of the Procedural Guide.

UPDATE Insupro Forte was declared an undesirable medicine by the Medicines Control Council on 4 August 2009. This in effect "bans" the product in South Africa.

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