Posted 16 August 2012
Has this product lied to consumers by claiming to be registered with the Medicines Control Council (MCC)? If they lied, can you believe the claims for the product? Answer: No, they are not registered with the MCC.
| Medical Use of Ionized Colloidal Silver / R Jobson / 20488|
Ruling of the : ASA Directorate
In the matter between:
M Roy Jobson Complainant(s)/Appellant(s)
Silverlab Healthcare cc Respondent
13 Aug 2012
Prof Jobson lodged a consumer complaint against advertising appearing on the respondent’s website www.silverlab.co.za. The advertising promotes the respondent’s “Ionic Colloidal Silver”, which comes in cream, liquid, gel and spray form.
The website states, inter alia, as follows:
• “Scheduling Status: C0”;
• “Pharmacological classification: 32. 16 Other”;
• “Complementary Medicine submitted according to the Complementary Listing System”;
• “Homeopathic Medicine”.
The complainant submitted that there is no such scheduling classification as “C0”, and no evidence that the MCC has allocated the pharmacological classification “32. 16 Other”. He added that the nature of this product would presumably acquire a different classification, given the primary purported function as an antimicrobial.
In addition, there is no “Complementary Listing System” as claimed in the advertising, and the respondent is not complying with the relevant regulations insofar as homeopathic preparations are concerned, as no statement is made that the product must “… be used in accordance with homeopathic principles”.
For all the above reasons, the advertising is misleading.
RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the Directorate considered Clause 4.2.1 of Section II (Misleading claims) as relevant.
The respondent thanked the Directorate for forwarding the letter of complaint, and confirmed that it has removed the paragraph that contained the misleading statements.
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, that undertaking is accepted without considering the merits of the matter.
Clearly by removing the claims at issue with immediate effect, the respondent has addressed the complaint currently before the Directorate. As such, there is no need to consider the merits at this time.
The removal of the relevant claims is accepted on condition that the claims at issue are not used again in future.