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22/01/2020

Bounce Back Drinks advertorial banned

Subject: Selling and marketing/Marketing and advertising regulation/advertising codes

Source: Advertising Standards Authority (ASA)

An advertorial for Bounce Back Drinks, published in The Scotsman on 28 September and 3 October 2019, was headed “Enjoy tonight, live tomorrow – get ready to bounce back”. Further large text stated “Bounce Back Drinks have launched the UK’s first After-Alcohol Revival Drink – Bounce Back”.

The copy included claims that the business was fully compliant with the European Food Safety Authority (EFSA), the Medicines and Healthcare products Regulatory Agency (MHRA) and Advertising Standards Authority (ASA) regulations.

The ASA itself challenged whether the claims of compliance with Advertising Standards Authority (ASA), European Food Safety Authority (EFSA) and Medicines and Healthcare products Regulatory Agency (MHRA) regulations  implied endorsement by those bodies.

The ASA ruled:

* advertisements must not refer to advice received from CAP or imply endorsement by the ASA or CAP.  Nor may they claim that the marketer or product had been approved, endorsed or authorised by any public or other body if had not. The ASA ruled that the advertorial had therefore breached CAP Code (Edition 12) rule (Endorsements and Testimonials).

* the Code prohibited claims that stated or implied a food or drink could prevent, treat or cure human disease. A hangover and symptoms associated with a hangover, such as nausea, dehydration, headache, vomiting and stomach upset, were adverse medical conditions. As such claims which stated or implied that a food or drink could prevent, treat or cure a hangover were prohibited under the Code. The ASA considered that the claim "After-Alcohol Revival Drink” would be understood by consumers to mean that the product could help to prevent, treat or cure a hangover; therefore the claim breached the Code (Food, food supplements and associated health or nutrition claims).

* only health claims listed as authorised on the EU Register of nutrition and health claims made on foods (the EU Register) were permitted in marketing communications. The advertorial breached Code (Food, food supplements and associated health or nutrition claims).

 

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