Tag Archives | Dr David Nye

Court action: Herbex vs ASA

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Posted 15 May 2016

As a consumer, do you care about whether or not the Advertising Standards Authority (ASA) has “jurisdiction” over the advertising of a product or a company selling certain products? Or do you want to be sure that the advertising is not false and misleading, so that you don’t waste your hard-earned money?

In court judgement dated 5 May, the Gauteng local division of the High Court ruled that the ASA had no jurisdiction over Herbex, because Herbex was not a member of the ASA. The overriding issue of interest to consumers is not about jurisdiction, but about whether or not the products work as claimed in the advertising. The issue of “effectiveness” was not included in the court challenge. However the EFFECT of the jurisdiction ruling, has left the issue of the effectiveness of the products (and their advertising) unaddressed. The previous rulings of the … Read the rest

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Vigro – ASA agrees, no evidence it works!

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Posted 10 October 2013

Consumers have a right to expect reasonable proof that a product delivers on its claims.

Natura, the maker of “famous” homeopathic remedies, purchased the Vigro product from PSN Brands, and ignoring the previous ASA ruling which found that Vigro was only beneficial for a very specific form of hair loss, started advertising that it was effective for all hair loss (makes one wonder about their ethics). A request that we made to the ASA for arbitration against the initial ruling, arguing that Vigro was completely ineffective, could therefore not proceed. However, it did allow a new complaint to be laid with the ASA arguing again that Vigro is ineffective for all forms of hair loss.

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Vigro – Dr Nye’s substantiation

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Below is the substantiation of Dr David Nye in support of the claims for Vigro. As mentioned before, Dr Nye has “substantiated” a number of dubious products previously. Readers are welcome to read Dr Nye’s substantiation and compare with ours. Dr Nye’s substantiation, in our opinion, is typical of a number of “experts” who substantiate products – cherry pick evidence and hide that which does not fit.

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Crèche Guard Couth, Cold & Allergies Syrup

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Posted 03 July 2013

Kenza Health is selling the scam product, Biobust (a product that claims it can increase the size of a woman’s bust!). When the product, Crèche Guard Cough, Cold & Allergies Syrup was brought to my attention and I realised that it was a Kenza Health product, I wondered if this may also be a product that conflicts with scientific evidence, i.e., whether it may be a scam as well. So I evaluated the ingredients and compared it with credible databases of knowledge of “natural medicines”. As you will see below, this product is a mixture of herbs, and nonsense, extrapolating from evidence that don’t even exist.

Kenza Health then asks Dr David Nye, a homeopath who has supported a number of this products for which scientific evidence does not exist, in order to substantiate the product. The ASA summarises: “In most instances, Dr Nye expects Read the rest

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Slimbetti Active Xtreme – another scam

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Posted 05 March 2013

A consumer laid a complaint with the ASA submitting that according to Slimbetti’s website, the two main ingredients are “Irvingia gabonensis” and green tea. There are limited studies for the ingredient Irvingia gabonensis on its own as quoted on the respondent’s website, but the complainant was unable to find a study where these two ingredients were combined, or combined in the same concentrations as is the case in this product.

Dr David Nye substantiated the product for SlimBetti. However the ASA Directorate was not satisfied that the weight loss claims made in the advertisement were appropriately and unequivocally verified as true and applicable to the product as a whole when consumed at the recommended dose and ruled against the claims for the product.

Readers will be aware that the same scam artists responsible for the other SlimBetti products, and previously SlenderMax, namely Jasmine and Chris GrindlayRead the rest

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Absurdity of Oscillococcinum: ASA FAC ruling

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Posted 19 September 2012

This is a story of money, of failure of appropriate interpretation of evidence, of a legal process trumping facts. This is a story of consumers being screwed.

This is not a story of whether homeopathy works or does not work – it is about whether evidence and proof is less strong than personal opinion, and of whether “experts” can be believed or even trusted.

This is a story of whether a “belief” should be superseded by the accumulation of evidence and facts that contradicts that belief, and how strongly a commercial company will fight back to keep making money even if the product is actually useless.

 

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Oscillococcinum – ASA ruling

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Posted 26 April 2012 

Consumer complaints were lodged against a Boiron laboratories television commercial as promoting the product Occilococcinum. The voice-over states, “When flu symptoms appear, take Oscillococcinum immediately”, “Take Oscillococcinum immediately for the relief of flu symptoms” and “Oscillococcinum, homeopathic medicine from Boiron laboratories”.

In essence the complainants submitted that the implied efficacy of the product is unsubstantiated and misleading. The complainants explained that this product is nothing more than duck liver and heart, which has been processed, and then diluted to a measure of one part liver/heart extract to 100200 parts water (100 to the power of 200). As such, there are literally no heart/liver molecules left in the final product solution. What’s more, there is no evidence to show that consuming duck liver/heart has any effect on the flu.

The ASA ruled in favour of the complainants.

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