The ASA/CAP have released a post called: Claims about treating anxiety. I have enclosed the text of the link below, but please have a look at the ASA/CAP site as there are lots of things of interest to anyone with an interest in Ethical Marketing.
Anxiety is a common mental health condition which can affect people from all backgrounds and all ages.
There are many products and services which are designed to help people with anxiety, but what do the advertising rules say?
Food for thought
Rule 15.6.2 and associated CAP advice indicates that claims to “prevent, treat or cure human disease are not acceptable in marketing communications for food products”. For the purposes of the Code rule and the legislation on which it is based, “human disease” can include a wide range of medical conditions and symptoms, including anxiety.
The ASA has ruled that a variety of claims to treat anxiety with food were problematic under rule 15.6.2 including “filled with goodness that will help you to stay focussed, stay calm and help with the effect of anxiety”, “reduce[s] stress and anxiety”, “reduce anxiety and depression”, and “less anxiety” (Nowt Ventures Ltd, Nutriburst Ltd, Well Gummies and Innocent Health Ltd).
Be mindful of therapies and devices
Advertising therapies and devices to help with anxiety isn’t restricted to those who are qualified as psychologists or trained as specialised therapists. However, if you are making claims to treat people with anxiety, you will need to hold documentary evidence to show that the therapy/device in question can be effective. Additionally, advertising claims that a device can help with anxiety are restricted to products which are firstly certified and registered as a medical device.
Particular care is needed with claims to ‘cure’ anxiety or claims that those undergoing therapy will achieve results within a specific timeframe. The ASA previously ruled that website claims were misleading because the advertiser failed to provide robust documentary evidence that their therapy could “permanently eliminate anxiety, panic attacks and phobias in less than 14 days”.
Some treatment claims may also be considered problematic if they discourage essential medical treatment. For example, the ASA has ruled that claims to treat some more serious forms anxiety, such as ‘escalating anxiety‘ or self-harm’ had the effect of discouraging essential medical treatment. This was because the advertiser was unable to show that the treatment was being carried out under the supervision of a suitably qualified health professional. In that case, the ASA also considered the ad also actively discouraged medical treatment by discouraging patients from consulting their GP and casting doubt on the effectiveness of treatments recommended by NICE guidance.
Pets and Paw-sitive thinking
Animals can suffer from stress and anxiety too and claims that a product or therapy can help with that, will need to be supported by robust documentary evidence. The ASA has previously ruled that advertising claims that a dog bed could reduce or eliminate separation anxiety had not been supported by an appropriate level of evidence.
For further advice on non-broadcast ads, our Copy Advice team would be happy to help.