Archive | Rulings

A collection of pertinent ASA (Advertising Standards Authority) or FTC (USA Federal Trade Commission) rulings

Homemark  Anti-Anxiety  Weighted  Blanket – ARB Ruling

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Posted 09 February 2021

A complaint was laid with the ARB (Advertising Regulatory Board) regarding Homemark’s claims for their ‘Weighted Blanket’, which claimed among other, “It is useful for anxiety and stress”, “Creates a focus on ADHD”, “Alleviates restless leg syndrome”, “Enhances sleep quality”, “It helps you stay asleep at night”. The complainant argued that these claims are not supported by evidence and therefore dupe consumers into spending around R800 for a product with no evidence of being able to help.

Here is the ARB ruling

Decision of the ADVERTISING REGULATORY BOARD

Complainant: Dr Harris Steinman
Advertiser: Homemark (Pty) Ltd
Consumer/Competitor: Consumer
File reference: 1093  –  Homemark  Anti-Anxiety  Weighted  Blanket  – Dr Harris Steinman

Outcome: Upheld

Date: 15 January 2021

The Directorate of the Advertising Regulatory Board has been called on to consider a complaint by Dr Harris Steinman against Homemark’s online advertising promoting its “Anti Anxiety Weighted Blanket”. The … Read the rest

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New advertising authority takes firm stand against quackery

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Posted 14 December 2020

By 

Board says it will rule even on advertising claims by companies that are not members

The Advertising Regulatory Board (ARB) has made it clear that it will rule against companies that make unproven medical claims, even if those companies are not members of the ARB.

ARB is a self-regulating authority, and its members join it voluntarily. There has been an ongoing debate dating back to the ARB’s predecessor, the Advertising Standards Authority (ASA), as to whether it can make rulings about the adverts of non-members.

The ARB replaced the Advertising Standards Authority (ASA) after the latter went into liquidation in 2018.

The ARB has in recent months ruled that members should remove advertisements by three companies claiming the medical efficacy of their products. All three advertisements were broadcast on M-Net during the evening. M-Net is a member of the Read the rest

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Sédatif PC – does it work?

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Posted 10 December 2020

A complaint was laid with the ARB (Advertising Regulatory Board) objecting to the claims that this product is effective for stress, anxiety and minor sleep disorders. The complainant noted that stress and insomnia are disabling conditions, which means consumers would expect a product making these types of claims to be supported by objective evidence.

Furthermore, the principle of homeopathic medicine manufacture, is to dilute the primary ingredient (which in itself has no evidence of treating these conditions), to a point where the product contains no residual molecules of its original respective ingredients. Imagine diluting panado to a point where there is not a single molecule of panado left in the tablet, and then claiming it will alleviate your headache.

In other words, according to my argument, this product is no better than simply drinking a teaspoon of tap water. If you have stress, anxiety and minor Read the rest

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Homemark Detox Tea: ARB Ruling

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Posted 30 November 2020

A complaint was laid with the Advertising Regulatory Board against the claims being made for this product.

Complainant: Dr Harris Steinman
Advertiser: Homemark (Pty) Ltd
Consumer/Competitor: Consumer
File reference: 1048 – Homemark Detox Tea – Dr Harris Steinman
Outcome: Upheld
Date: 24 November 2020

The Directorate of the Advertising Regulatory Board has been called on to consider a complaint by Dr Harris Steinman against Homemark’s television commercial promoting its Remedy Health “Detox Tea”. According to the Complainant, this commercial flighted on M-Net at 22:11 on 23 September 2020, and an extended version thereof is available at https://www.youtube.com/watch?v=NPGnERvZ2Ho.

Description of the Advertising

The television commercial opens with a grey colour tone, showing several people looking tired, irritable, struggling to fit in their pants, rubbing their stomachs and appearing generally lethargic. During these scenes, the voice-over states “Not interested in life anymore? We’re just not full Read the rest

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Homemark Remedy Health Detox Foot Patches: ARB Ruling

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Posted 30 November 2020

A complaint was laid with the Advertising Regulatory Board against the claims being made for this product.

Complainant: Dr Harris Steinman
Advertiser: Homemark (Pty) Ltd
Consumer/Competitor: Consumer
File reference: 1085 – Homemark Remedy Health Detox Foot Patches – Dr Harris Steinman
Outcome: Upheld
Date: 24 November 2020

The Directorate of the Advertising Regulatory Board has been called on to consider a complaint by Dr Harris Steinman against Homemark’s website advertising promoting its “Remedy Health Detox Foot Patches”. The relevant advertising is accessible via https://homemark.co.za/collections/remedy-health/products/remedy-health-detox-foot-patches.

Description of the Advertising

The advertising notes, inter alia, that “The Remedy Health Detox Pads are used on the feet according to the Chinese tradition of foot reflexology. Detox patches are said to stimulate nerve endings on the bottom of your feet and improving energy flow and resolve circulation to problem areas of the body, clearing toxins build-up and Read the rest

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Homemark Aragan Secret Nail Treatment : ARB Ruling

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Posted 30 November 2020

A complaint was laid with the Advertising Regulatory Board against the claims being made for this product.

Complainant: Dr Harris Steinman
Advertiser: Homemark (Pty) Ltd
Consumer/Competitor: Consumer
File reference: 1075 – Homemark Aragan Secret Nail Treatment  – Dr Harris Steinman
Outcome: Upheld
Date: 24 November 2020

The Directorate of the Advertising Regulatory Board has been called on to consider a complaint by Dr Harris Steinman against Homemark’s television commercial promoting its “Aragan Secret Nail Treatment” product. The Complainant saw the commercial on M-Net at 21:10 on 23 September 2020.

Description of the Advertising

The commercial opens with various images of severely damaged and discoloured fingernails and toenails, while the voice-over states:

Ingrown, thick, flaky, brittle, what a nightmare or worse, of embarrassing deformed nails destroying your sanity. Morocco’s best kept secret; Aragan Secret Nail Treatment, is your answer to beautiful and moisturised nails. The legendary Read the rest

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Advertising Regulatory Board: Herbex Ultraslim Ruling

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Posted 11 November 2020

A complaint was laid with the Advertising Regulatory Board (ABR) against the misleading claims of Herbex Ultraslim. The complainant argued that based on evidence, the product is unlikely to have any benefit on weight-loss. 

Decision of the ADVERTISING REGULATORY BOARD

The Directorate of the Advertising Regulatory Board has been called on to consider a complaint by Dr Steinman against television and website advertising for Herbex Ultraslim.

Complainant:     Dr Harris Steinman
Advertiser:         Newgroup (Pty) Ltd
Consumer/Competitor:   Consumer
File reference:   1055 – Herbex Ultraslim – Harris Steinman
Outcome:           Upheld
Date:                  10 November 2020

Description of the Advertising

The commercial, which appeared on M-Net during Carte Blanche, made the following claims:

• Herbex ultraslim a weight-loss evolution
• South Africa’s number 1 slimming brand
• 25 years refining the science of weight loss
• Balances blood sugar
• Preventing belly fat
• Aids digestion to improve Gut Health
Read the rest

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New South African Advertising Regulatory Board replaces ASA

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Posted 14 November 2018

Readers will be aware that the Advertising Standards Authority of South Africa (ASA) is no more and is being liquidated.

Gail Schimmel, a lawyer, and the individual who tried to rescue the ASA, has launched a new advertising body. Known as the Advertising Regulatory Board, their intention is to replace the ASA and utilise the same codes and regulations that the previous ASA utilised. In a recent interview on Cape Talk / 702, she made the point that the code and regulations were not owned by the ASA but were localised and based on international standards and codes.

The new board, ARB, states on their website:
“The original core members of the ASA – the Marketing Association of South Africa (MASA), the Association for Communication and Advertising (ACA) and the Internet Advertising Bureau (IAB) – all became founding members of the Advertising Regulatory Board Read the rest

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Advertising Standards Authority closes

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Posted 3 October 2018

ADVERTISING STANDARDS AUTHORITY (ASA) CLOSES DOWN TODAY

TO ALL STAKEHOLDERS AND CONTACTS

Please take note that the ASA has been put into liquidation and we have been instructed to stop trading with immediate effect.

The marketing and advertising industry will not allow advertising to remain unregulated, and a new entity with the same purpose is urgently being established.

Read the rest
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Natural Cycles: ASA investigates marketing for contraception app

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Posted 30 July 2018

Advertising watchdog launches formal investigation over description of product

Maev Kennedy Sun 29 Jul 2018 

The Guardian

The Advertising Standards Authority has launched a formal investigation into marketing for a Swedish app that claims to be an effective method of contraception, after reports that women have become pregnant while using it.

An ASA spokesman said it had received three complaints about Natural Cycles and its paid advertising on Facebook, which describes the app as highly accurate contraception that has been clinically tested.

“We would require robust substantiation from any company to support such a claim,” he said.

Read the rest
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