ASA Adjudication on Kingstown Associates Ltd
Kingstown Associates Ltd
Wadsworth Road
Kelleythorpe Industrial Estate
Driffield
East Yorkshire
YO25 9DJ
Date:
3 February 2010
Media:
Catalogue, Insert
Sector:
Health and beauty
Number of complaints:
1
Complaint Ref:
111138
Ad
A mail order catalogue, inserted in a national newspaper, contained an ad for Anti-Arthritis Gloves. The ad was headed "Caress Hurting Hands In Healing Heat". Below, text stated "Slip on these ultra lightweight fingerless gloves and treat your hurting hand to healing therapeutic warmth. Instantly eases pain from arthritis or carpal tunnel syndrome. Miracle 4-way stretch with controlled compression "massages" away pain ... Eases stiffness and helps increase circulation ...".
Issue
A reader challenged whether the claims that the gloves could relieve pain from arthritis and carpal tunnel syndrome, ease stiffness and increase circulation were misleading and could be substantiated.
CAP Code (Edition 11)
Response
Kingstown Associates (Kingstown) did not provide any substantiation for the claims, but said they would amend the claims in the ad.
Assessment
Upheld
The ASA noted Kingstown's willingness to amend the ad, but we were concerned that they were unable to provide evidence to substantiate the claims. We noted this was not the first time Kingstown were unable to provide substantiation for advertising claims and we reminded them again that the CAP Code required marketers to hold documentary evidence to prove all claims, whether direct or implied, before distributing or submitting a marketing communication for publication. Because Kingstown failed to provide substantiation to show that the gloves could relieve pain from arthritis and carpal tunnel syndrome, ease stiffness and increase circulation, we concluded that the claims had not been proven and were therefore misleading.
The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Medical and scientific claims).
Action
The ad must not appear again in its current form. We told Kingstown to ensure that they held documentary evidence to substantiate similar claims in future ads and advised them to seek guidance from the CAP Copy Advice team.
Adjudication of the ASA Council (Non-broadcast)