The Advertising Standards Authority (ASA) has been clamping down on company misconduct in the dietary supplement industry.
A number of rulings were made against organisations using unsubstantiated health claims in their product adverts.
The crackdown stems from the ASA’s new application of an AI-powered active ad monitoring system, which scans the internet for online ads that may be in breach of the rules.
A majority of the denounced claims come from paid-for Facebook adverts and include claims that supplements can ‘reduce stress and anxiety’, ‘improve immunity’, ‘reduce tiredness and fatigue’ and ‘enhance memory’.
These statements have been pulled up by the organisation owing to their violation of the CAP Code, which prohibits claims that state or imply that a food or functional ingredient can prevent, treat or cure human disease.
All of the implicated companies did not receive approval from the appropriate regulatory body to make such statements about the benefits of their products, which — again — violates ASA’s CAP Code.
Specific health claims like ‘adaptogen’ and ‘antioxidant’ are being used without prior NHC registration
A wave of sanctions hits the industry
This week alone, ASA has sanctioned four companies for this behaviour, including Nutriburst, Ejec Ventures, Innocent Health and Nowt Ventures. All of these violations were identified between 20—27 March, 2024.
Nutriburst was flagged by ASA for a paid-for Facebook post advertising its Ashwagandha KSM-66 gummies. The company claimed that users could ‘unlock a stronger body and state of mind with Ashwagandha KSM-66’. This was also followed by six further statements which were not approved by the GB Register. 
Similarly, Ejec Ventures in its Facebook advertisement for Auri Nutrition, with the company claiming that its functional mushroom gummies could ‘eliminate stress, obliterate brain fog and improve focus’. It also used specific, unsubstantiated health buzzwords such as ‘nootropic’ and ‘adaptogen’ to advertise the product, which the ASA ruled as a violation of the CAP Code.
Although the company was able to substantiate the claim that lion’s mane mushroom was capable of relieving the symptoms of stress and depression, none of the assertions made in this Facebook ad were on the NHC register, meaning they are illegal to use in UK advertising.
Innocent Health was also called up on false advertising claims by ASA, which centred around its night-time gummies — with three specific and three general health claims coming under the hammer. The company stated that the product could allow users to have less anxiety and stress, as well as the product’s ability to reduce tiredness and fatigue.
The dietary supplement provider did display studies which showed the benefits of magnesium, vitamin B12, inositol and L-tryptophan — core ingredients in the gummy formulation — though the company did agree that the stress and anxiety claims were in breach of the CAP Code.
The final company involved in this week’s efforts to stamp out false advertising in the dietary supplements industry is Nowt Ventures. Its Feel Güd functional mushroom gummies featured in four denounced video advertisements, with specific health claims like ‘adaptogen’ and ‘antioxidant’ being used without prior NHC registration with the GB Register.
The company also made claims insinuating that the product could ‘impact brain fog’ and concentration, while also stating that its supplement could ‘improve brain function’. “Because the ads featured general health claims that were not accompanied by a specific authorised health claim, we concluded that they breached the Code,” stated ASA in its writeup of the ruling.
Substantiate any claims ... with the appropriate regulatory boards
Editorial opinion: what this means going forward
Although the dietary supplement industry has seen some tightening of legal regulations in various regions of the globe in recent years, a vast portion of the industry remains unaffected by such sanctions. However, a number of companies have been spotted to be falsely advertising, and the dietary supplement market will likely see a strong increase in this type of surveillance. 
Moving forward, industry members should make it a priority to substantiate any claims made in any form of digital or print advertisement with the appropriate regulatory boards for their global footprint. This will ensure that companies can avoid lengthy rulings and reputational damage, while also affirming the efficacy and benefits of their products.
It would also be advisable for marketing teams to be fully aware of ASA’s CAP Code, which was breached in all the above incidents. With a more comprehensive understanding of what is false advertising and what claims can be made with regulatory approval, companies can adhere to the rules of regulatory boards such as the Advertising Standards Agency.
