Posted 07 September 2011
This products screams “scam, scam, scam…” but I am sure that many desperate people would purchase the product with the hope that, “maybe it really will work for me”.
UK ASA Adjudication on Natural Choice Ltd
Natural Choice Ltd
A mailing, for a sexual aid, viewed on 8 June 2011. Text stated “Like a Million Men Before You … FEEL THE PULL! with the SEX MAGNET Magnetic Chip! Slip This Magnetic Chip in Your Pocket 1. And FEEL the pull … from the wave of blood filling your penis in seconds ANYTIME you need a STIFF ERECTION! 2. Then feel the RUSHING TIDE of pleasure. And smile at your new found STRONG AS STEEL erection power! 3. NO pills … NO Creams … No Drugs … No Supplements! Sex Magnet will keep you ramrod straight for up to 13 hours. Look inside for more information on how Sex Magnet works … Designed by a Doctor! Works for 97% of All Men! Provides an Erection Anytime, Anywhere! Proven to Work by Over 1 Million Men! …” The ad included several images of nude and semi-nude men and women in sexual poses. The ad also included an image of a naked man with an erection.
1. The complainant objected that the unsolicited ad was offensive due to the explicit sexual images.
The ASA challenged whether:
2. the efficacy claims made in relation to the product were misleading and could be substantiated; and
3. the ad could discourage essential treatment for a condition for which medical supervision should be sought.
CAP Code (Edition 12)
Natural Choice did not respond to the ASA’s enquiries.
The ASA was concerned by Natural Choice’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We noted that the material contained within the mailing, from the opening page onwards, was sexually explicit. We considered, therefore, that its marketing required very careful targeting to ensure that it was distributed responsibly and to avoid causing offence to unsuspecting recipients. However, we understood from the complainant that the mailing was unsolicited. Since the ad was likely to cause serious and widespread offence and had not been adequately targeted, we concluded that the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rules 1.3 (Compliance), 1.7 (Unreasonable delay) and 4.1 (Harm and offence)
Natural Choice did not supply any evidence to support the efficacy claims made in the ad. We therefore considered that the claims had not been substantiated and concluded that the ad was misleading.
On this point, the ad breached CAP Code (Edition 12) rules 1.3 (Compliance), 1.7 (Unreasonable delay), 3.1 (Misleading advertising), 3.7 (Substantiation), 3.11 (Exaggeration) and 12.1 (Medicines, medical devices, health-related products and beauty products)
We noted that the ad made repeated references to erection problems and claimed that the product could treat those problems. In that context, we considered that the ad could encourage readers with erection problems to use the product to treat their condition, rather than seek advice from a medical professional. We therefore concluded that the ad could discourage readers from seeking essential treatment for a condition for which medical supervision should be sought.
On this point, the ad breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay), 3.1 (Misleading advertising) and 12.2 (Medicines, medical devices, health-related products and beauty products)
The ad must not appear again in its current form. We asked CAP to inform its members of the problem with Natural Choice. We told Natural Choice to ensure similar marketing communications were carefully targeted in future to avoid causing offence. We told Natural Choice to ensure they held robust substantiation to support all efficacy claims in future. We also told Natural Choice to ensure that future ads did not discourage readers from seeking essential treatment for a condition for which medical supervision should be sought.