|Product:||Titan Ion Energiser|
|Sections Found Justified:||Code sections 4(1)(b), 4(2)(a), 4(2)(b), 4(2)(c), 5(1), 5(2)|
|Sections Found Not Justified:||None|
|Action:||Publication of retraction, Withdraw advertisement; withdraw representations|
Findings of the Panel
10. Section 4(1)(b) of the Code requires that advertisements for therapeutic goods “contain correct and balanced statements only and claims which the sponsor has already verified.” Section 4(2)(a) of the Code prohibits representations that are “likely to arouse unwarranted and unrealistic expectations of product effectiveness”. Section 4(2)(c) of the Code prohibits representations that “mislead directly or by implication or through emphasis, comparisons, contrasts or omissions”.
11. In the absence of any evidence from the advertiser, the Panel was satisfied that all of the representations about therapeutic effects made in the advertisement had not been verified, were likely to arouse unwarranted expectations, and were misleading, in breach of these sections of the Code. These included the representations related to the severity of asthma attacks, depression, allergies, hayfever, sinus congestion, inflammation, colds, flu, and the immune system. These aspects of the complaint were therefore justified.
12. Section 4(2)(b) of the Code prohibits advertisements that are “likely to lead to consumers self-diagnosing or inappropriately treating potentially serious diseases”. In the view of the Panel, the advertisement was very likely to lead consumers into self-diagnosing or inappropriately treating potentially serious diseases, including asthma attacks and depression. This aspect of the complaint was therefore justified.
14. The Panel was satisfied that the advertisement breached section 5(1) of the Code because of references to the treatment of depression, and section 5(2) of the Code because of references to asthma attacks. These aspects of the complaint were therefore justified.