Memoregain For Your Brain

Posted 13 March 2012

In Memoregain For Your Brains (18 January 2010) the Directorate ruled, inter alia, that the claim “The ultimate brain nourisher. Improves memory and learning ability. Repairs and acclerates [sic] neuron growth and repair” was unsubstantiated and in breach of Clause 4.1 of Section II of the Code. The Directorate added that by virtue of this, the claim was also misleading and in contravention of Clause 4.2.1 of Section II. The respondent was instructed to withdraw the claim with immediate effect. On 19 February 2012, the complainant lodged a breach allegation against the respondent’s information available on its website, submitting, inter alia, that the respondent continues to make claims that Memoregain (The Ultimate Brain nourisher) is effective for repairing the brain, improving memory, and a host of unproven brains effect. 

The ASA agreed that the respondent was in breach of the previous ASA ruling. In other words, no proof exists that this product can do what it claims to be able to do. Actually, is a massive scam (from the company that also sells you detox footpads!

Memoregain For Your Brain / HA Steinman / 14800
Ruling of the : ASA Directorate
In the matter between:
Dr Harris Steinman Complainant(s)/Appellant(s)
The Fountaunhead (Pty) Ltd Respondent


09 Mar 2012

http://www.asasa.org.za/ResultDetail.aspx?Ruling=5986

In Memoregain For Your Brains / H A Steinman / 14800 (18 January 2010) the Directorate ruled, inter alia, that the claim “The ultimate brain nourisher. Improves memory and learning ability. Repairs and acclerates [sic] neuron growth and repair” was unsubstantiated and in breach of Clause 4.1 of Section II of the Code. The Directorate added that by virtue of this, the claim was also misleading and in contravention of Clause 4.2.1 of Section II.

The respondent was instructed to withdraw the claim with immediate effect within the deadlines stipulated in Clause 15.3 of the Procedural Guide.

SUBSEQUENT TO THE RULING
In a letter dated 19 February 2012, the complainant lodged a breach allegation against the respondent’s information available on its website and at the following URLs:

• http://www.thefountainhead.co.za/researchandtest.asp and
• http://www.thefountainhead.co.za/productlistbuy.asp.

It was submitted, inter alia, that the respondent continues to make claims that Memoregain (The Ultimate Brain nourisher) is effective for repairing the brain, improving memory, and a host of unproven brains effect.

The complainant further submitted that when viewing the website it activates a voice message which makes this claim.

The complainant argued that it is a breach of the previous Directorate ruling.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the breach allegation the Directorate considered Clause 15 of the Procedural Guide (Enforcement of rulings) as relevant.

RESPONSE
The respondent submitted that it had asked its web designer to immediately amend the information so that it falls within the parameters as laid out in the ASA ruling of 18 January 2010. It also reserved its rights to “defend [its] claims should [it] wish to do so in future”.

ASA DIRECTORATE RULING
The ASA Directorate considered all the relevant documentation submitted by the respective parties.

The essential question before the Directorate is whether or not the respondent’s internet advertisement is in breach of the original ruling. For this to be the case, the respondent would have to be making the same, or materially similar claims to those originally complained against.

The previous claims ruled against were “the ultimate brain nourisher. Improves memory and learning ability. Repairs and acclerates [sic] neuron growth and repair”.

On the link that was provided by the complainant the following claims appeared:

“The ultimate brain nourisher – 100% certified organic”

“The Brain has the ability to repair itself”

“Clinical Research shows that Memoregain assist with:

memory improvement
learning enhancement
prevents heart and brain infarction
anti-oxidant that protects neurons
accelerates neuron growth and repair
improves general health and reduces fatigue”.

It also contains sub-headings dealing with this substance and how the above claims are arrived at.

In addition, the voice-over commercial that plays by default when accessing the website contains a discussion between, what appears to be an elderly couple whereby the wife appears somewhat forgetful.

The voice-over states, inter alia, “Memory loss is preventive, Memoregain is the ultimate over-the-counter brain nourisher. Memoregain accelerates neuron growth and repair, enhances learning and memory improvement and treats fatique”.

The Directorate is therefore satisfied that, at the time of receiving the breach allegation, the respondent’s website material was in contravention of the previous ruling, and therefore in contravention of Clause 15 of the Procedural Guide.

It is noted, however, that the respondent does not appear to have a pattern of disregard for ASA rulings. In Fountainhead Detox Patches / HA Steinman / 14684 (5 March 2012), for example, the Directorate dismissed a breach allegation, finding that the respondent was not persisting with claims ruled against. In addition to this, the respondent has not ex facie been hauled before the ASA within the past year.

Accordingly, the Directorate does not believe sanctions are appropriate at this time.

The respondent is cautioned, however, that the responsibility to ensure compliance with the ASA ruling lies with it. Should the Directorate uphold further justified breach allegations, it may take this ruling into account when considering the imposition of sanctions.

The breach allegation is therefore upheld but no sanctions are imposed at this time.

2 Responses to Memoregain For Your Brain

  1. Andile Voyi 16 April, 2013 at 10:16 am #

    For my side this memorygain it did work for me and myconcetration is become better and better

  2. Felicity Janse van Rensburg 26 November, 2018 at 10:14 pm #

    It worked wonderfully for me. I have been looking everywhere for it. I tried other products and nothing works even close to Memoregain.
    Felicity

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