Herbex loses long-running advertisement dispute
Herbex has been found to be in violation of the advertising standards code for using unjustified testimonials claiming efficacy of its Attack the Fat product in an advertisement. The Advertising Standards Authority (ASA) ruled against the advertisement, and will instruct its members not to run it, reports GroundUp.
This comes after a medical doctor and consumer activist laid a complaint against Herbex for its lack of evidence of efficacy. Herbex, a non-member of ASA, chose not to participate in the investigation, and responded to the ruling in a press statement, saying it stood by 'personal testimonials' despite the ruling.
Eddie Bisset, MD of Herbex holding company, Newgroup Holdings, said Herbex products were 'carefully researched and formulated by industry professionals before going to market, and all manufacturers are Good Manufacturing Practice compliant and properly certificated'.
The statement did not identify any research nor name any industry professionals. The ruling is the culmination of a legal battle between the ASA and Herbex that dates back years. In May 2016, the High Court ruled that the ASA had no legal authority over non-members.
However, in September 2017, the SCA overturned major parts of that decision, restoring the functionality of the ASA. The SCA found that the ASA did have the authority to make decisions to guide members and to inform the public about non-members' advertisements no matter 'where the advertisement was published or who the advertiser is'. The SCA also ruled that a non-member did not have to participate in the ASA proceedings, but the ASA could still rule on the non-member's advertisement and instruct its members not to run it.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
