The Advertising Standards Authority (ASA) has found that a number of social media adverts published on Facebook and Instagram by Revival Drinks Ltd t/a Revival Shots breached advertising standards.
One Facebook advert and two Instagram adverts, posted by Revival Shots included the following details:
The Facebook advert, posted on 12 April 2020, stated:
“Each stick of Revival contains … 500mg of vitamin C …” and featured an image with text that stated “VITAMIN-C HAS BEEN PROVEN TO BOOST IMMUNITY BY MANY GLOBAL STUDIES … IT IS NOW BEING TESTED IN THE USA & CHINA AS A POSSIBLE CURE FOR COVID-19”.
The first Instagram advert, posted on 12 April 2020, was the same as the Facebook advert.
The second Instagram advert posted in April 2020, stated:
“Today we have officially past [sic] 500 independent verified reviews on Amazon … Here is one of the latest reviews from a customer in UK … #immunity #immunityboost #vitaminc … #staysafe”. The image featured a five-star review which stated “Great ! After developing symptoms of a sore throat & headache I got paranoid. I ordered this concentration of Vit C and took one stick. In about half an hour I felt instantly revived and my headache disappeared and sore throat was greatly reduced. Since taking I have had no symptoms. I highly recommend … 30 March 2020”.
The ASA has ruled that the adverts must not appear again in the form complained about. The ASA has told Revival Drinks Ltd t/a Revival Shots to ensure their adverts did not state or imply that their food product could prevent, treat or cure human disease, including COVID-19. They also told them to ensure that any health claims made in their advertising were authorised on the Register, met the conditions of use for the authorised claims, and properly communicated the meaning of the authorised claim.
Revival Drinks Ltd t/a Revival Shots said that the adverts had been removed.
Commenting on the ruling the ASA stated the following:
“The Committee of Advertising Practice (CAP) Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods; this included food supplements and drinks. Two of the adverts stated that each Revival ‘stick’ contained 500 mg of vitamin C, and featured the claim that vitamin C was “… NOW BEING TESTED IN THE USA & CHINA AS A POSSIBLE CURE FOR COVID-19”.
“We considered the advert therefore implied that consuming Revival Shots could, through their vitamin C content, help to cure COVID-19.
“The third advert featured a customer review which stated “After developing symptoms of a sore throat & headache I got paranoid. I … took one stick. In about half an hour I felt instantly revived and my headache disappeared and sore throat was greatly reduced. Since taking I have no symptoms” and featured the hashtag “#staysafe”.
“Given that the advert was posted in mid-April 2020 during the COVID-19 pandemic, referred to symptoms sometimes associated with COVID-19 and the reviewer’s ‘paranoia’ about those symptoms, and included the hashtag “#staysafe” which was commonly associated with the pandemic, we considered consumers would understand that the claims in the review were intended to be understood to relate to COVID-19. We considered the advert therefore implied that Revival Shots could help to cure COVID-19. We considered that even if the advert was not taken to relate specifically to curing COVID-19 it nonetheless claimed that Revival Shots had cured a headache and sore throat. Because COVID-19, headaches, and sore throats were medical conditions, we considered that ad (a) stated, and ad (b) implied, that Revival Shots could cure human disease. Such claims were prohibited for foods and the ads, therefore, breached the Code.
“According to Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, only health claims listed as authorised on the EU Register of nutrition and health claims (the Register) were permitted in marketing communications.
“The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food, drink or ingredient and health.
“The first two adverts stated that Revival Shots contained vitamin C and that “VITAMIN-C HAS BEEN PROVEN TO BOOST IMMUNITY…”. The third advert included the hashtags “#immunity #immunityboost #vitaminc #vitamins #vitamind”. Claims that a food or nutrient was relevant to immunity or could “boost” immunity were health claims for the purposes of the Regulation.
“The Register included the authorised health claims that vitamins C and D (and other vitamins) “contribute[d] to the normal function of the immune system”. However, Revival Shots had not provided any evidence to demonstrate that their products contained any vitamin in amounts sufficient that they could use any of those authorised health claims in advertising for their products.
“Furthermore, we considered that the claim “#immunity” did not properly communicate the meaning of those authorised health claims to consumers, and the claims “BOOST IMMUNITY” and “#immunityboost” exaggerated the meaning of those authorised claims’ wording. Because the adverts made specific health claims but we had not seen evidence that any of Revival Shots’ products met the conditions of use associated with a relevant authorised claim on the Register, and the advertising claims, in any case, did not properly communicate the meaning of relevant claims authorised on the Register, we concluded the ads breached the Code.