With ruling of 31st May 2023, ASA has upheld the complaints received against the advertising of “Smart Probiotic” food supplement. Among the communication elements that breached the CAP Code, according to the authority, is the term “probiotic” featured in the name of the product “Smart Probiotic” and claims such as “the world’s first probiotic to support gut, brain, and immune health”.
ASA has considered that, in the context of the ads’ claims regarding the product’s beneficial effect on gut health, consumers were likely to understand “probiotic” as describing a substance that contributed to the general good health of the gut. Also, in relation to the “probiotic” claims such that also referred to immunity, mental health, or the brain, it has considered they would be understood as meaning that the claimed impact of the product on gut health was accompanied by general benefits for users’ mental, cognitive or immunological health.
All the above claims, ASA has stated, are general health claims for the purposes of the Code. However, none of the claims were accompanied by authorized specific health claims, and therefore breached the Code.
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