In a previous ruling of 11 September 2013, the ASA accepted Biogen/USN’s voluntary undertaking to amend its packaging in a manner that would address the specific concerns raised. The complainant specifically objected to the following claims: • “Testosterone Booster” • “Increases Energy & Stamina” • “Libido Enhancer”.
On 28 October 2013, a complainant lodged a breach complaint against the Biogen’s website advertisement which continued to make the same claims. The complainant further argued that, as Biogen is a product of USN and Dis-Chem, both having had previous rulings against their claims, and considering that sanctions have previously been recommended against USN, this is a flagrant breach by a serial offender. Sanctions should be issued against both companies.
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