Posted 01 November 2011
A consumer lodged a consumer complaint against Ionic bracelet packaging for its Imazine ionic bracelet. The complainant added that similar claims appear on the respondent's website. The packaging states, inter alia, "Reduce stress, relieve aches and pains, Improve circulation & mental alertness, Bring the body into balance". In essence the complainant submitted that the advertiser has no credible scientific basis for the claims it makes.
Ionic Bracelet / M Combrink / 17845
Ruling of the : ASA Directorate
In the matter between:
Mr Marcel Combrink Complainant(s)/Appellant(s)
DMQ Trading cc Respondent
31 Oct 2011
http://www.asasa.org.za/ResultDetail.aspx?Ruling=5816
Mr Marcel Combrink lodged a consumer complaint against Ionic bracelet packaging for its Imazine ionic bracelet. The complainant added that similar claims appear on the respondent's website.
The packaging states, inter alia, "Reduce stress, relieve aches and pains, Improve circulation & mental alertness, Bring the body into balance".
COMPLAINT
In essence the complainant submitted that the advertiser has no credible scientific basis for the claims it makes.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE In light of the complaint Clause 4.1 of Section II (Substantiation) was taken into consideration.
RESPONSE
The respondent submitted that since March 2011 the products have been disseminated using different packaging which no longer contains the claims objected to. The website has also been amended accordingly. The complainant possibly found packaging that had been disseminated prior to these changes.
The respondent also submitted copies of the new packaging for its Sports Watch to illustrate the point.
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 amended advertising appears to address the complainant's concerns and 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 claims noted at the top of the ruling are:
Withdrawn with immediate effect within the deadlines stipulated by Clause
15.3 of the Procedural Guide; and
Not used again in the same format in future.
The Directorate also points out that, in terms of Clause 15.5 of the Procedural Guide, these claims must be removed from any medium in which they appear, irrespective of the fact that the complainant might not have specifically referred to that medium.
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