Description:
The ad featured a man claiming to be a neurologist promoting an app that was designed to help with memory loss and sleep deprivation. The ad also mentioned “you’ll even look younger”.
Complaint:
The complainant challenged this ad was misleading as they believed it made unsubstantiated scientific claims. They also raised that the ad misrepresented the claims as coming from a neurologist, which could be a way to entice people worried about memory loss to download this app.
Response:
Although Ad Standards requested a response from the advertiser, there was no response sent to Council.
Decision:
Council considered whether the advertisement was misleading under Clause 1(a) and/or made claims that were not supported by competent and reliable evidence under Clause (e). Council also considered whether the claims implied that they had a scientific basis that they did not truly possess, in contravention of Clause 8 of the Code.
Council determined that the claims in the advertisement addressed important issues and had the potential to exploit vulnerable individuals. They also noted that featuring a neurologist lent additional weight and credibility to the claims.
Given the lack of evidence and substantiation for the claims made in the ad, Council members unanimously determined that the ad was misleading and breached Clauses 1(a) and 1(e). They also found that presenting the claims through a neurologist testimonial implied a scientific basis that the claims did not have, thereby contravening Clause 8.
Infraction:
Clause 1(a), Clause 1(e) and Clause 8
