BREXIT – The Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) Codes include many rules which seek to reflect significant pieces of EU law or UK law that has been made to implement EU law. As far as CAP is aware, the same rules and laws will apply on the day after exit as on the day before. This CAP News Article explains the position further.
The Code requires marketers offering treatment for smokers to help them stop smoking to hold proof if they claim or imply that smokers will have to make no effort to overcome their addiction. Neither the Advertising Standards Authority (ASA) nor CAP has seen evidence that smokers can stop smoking unless they are determined to do so.
Don’t suggest giving up is guaranteed or achievable without effort
Unqualified claims such as ‘Stop Smoking the easy way’ or ‘Stop Smoking in 1 hour’ often place no emphasis on the participation or action of the smoker and could imply that the method offered, not the smoker’s desire to stop, is the key to success. Those types of claims are unacceptable without substantiation (Rules 3.7 and 12.1) and are likely to be seen as unacceptable guarantees of success (EasyStop, 17 October 2001). Conversely, claims such as ‘If you really want to stop smoking, then one session could be all you need’ or ‘Hypnotherapy could help you to give up, if you are determined to stop smoking’ are fine as long as they are not used to imply that the smoker will be able to break the habit without self-control on their part. Attending a course, being hypnotised or buying a book cannot by itself be sufficient to enable a smoker to quit their habit.
Similarly, words such as ‘easy’, ‘permanently’ or ‘cure’ that imply guaranteed success should not be used whereas ‘simple’ or ‘effective’ might be acceptable in the right context. For example ”For the truly committed, hypnosis could be an effective way to help you give up smoking” (EasyStop, 17 October 2001).
Marketers should avoid making specific claims such as ‘x% success rate’ without rigorous substantiation. Practitioners, such as hypnotherapists or those using neuro-linguistic programming, should be careful to distinguish between success rates achieved by the method generally and those that they have achieved personally. The ASA has ruled that success rates should not be calculated by customers taking advantage of a money-back guarantee or free follow-up sessions if the method is not successful first time (Dune Hypnotherapy Group, 5 November 2003).
Don’t make a medicinal claim without a relevant marketing authorisation
The Medicines and Healthcare Products Regulatory Agency (MHRA), considers a smoker who is unable to quit without artificial aids to be addicted and therefore a product presented to help stop smoking is presented to treat the addiction or its symptoms. As such, all anti-smoking products (e.g. Nicorette) are regarded as medicinal and marketers should hold a relevant marketing authorisation (Rule 12.11) before making smoking cessation claims. Marketers should seek advice from the MHRA if they are unsure about whether their products or claims are medicinal.
Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the ASA. CAP’s AdviceOnline entries provide guidance on interpreting the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing.
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