Description:
The advertisement promoted a medical device to help women with a specific medical condition and made a claim that the medical condition was the number one reason for a specified negative outcome.
Complaint:
The complainant alleged the advertisement was false and misleading because the health claim used was incorrect and inflammatory.
Response:
In its response to Council, the advertiser advised that its intention was to educate women on existing healthcare gender gaps that result in many common female-related health issues being treated as normal by the healthcare industry, resulting in negative outcomes. The advertiser also shared a link to a third party commissioned paper, by a foundation related to the health issue, in support of the health claim made in the advertisement.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Council members spent much time discussing the claim in relation to the support provided and were of the opinion that while the support appeared to be from a legitimate source, it was conflicting in some areas. Council also found that liberties were taken with the wording of the claim when extrapolating the information from its source. Further, Council was also concerned that the report made no mention that the advertised result was in relation solely to “women”.
This also became particularly important because the paper provided to substantiate the claim was from 2014; in the view of Council relying on information from over 10 years ago to support such a strong claim (i.e. a ‘number one reason’ claim) was problematic.
Council found that providing one single source in support of the claim wasn’t sufficient and that more diverse sources should have been provided, with one Council member noting, “there a vested interest from them to have [the medical condition] be an eye-grabbing issue so I would think it would be in their best interest to diversify the sources for a claim like that.”
Council unanimously held that the advertisement contained an inaccurate, deceptive or otherwise misleading claim which was not supported by competent and reliable evidence in contravention with the Code.
Infraction:
Clause 1(a), Clause 1(e)
