Complaint against Solal Technologies booklet 6th Edition
The booklet is available in print and online at:
Please note that these four complaints are part of a larger set of 281 complaints relating to this booklet. We have decided to hold the other 277 complaints back for the time being and even though they are included as an addendum, we are not asking the ASA to rule on them at this point. It is our view that these first four complaints offer a representative sample of the kind of contraventions of the advertising code seen throughout the advertising material in question.
Complaint 1: The use of the term “anti-aging specialists™” in the logo and the term “anti-aging” throughout the document
Complaint/Comment
The term “anti-aging” is misleading and dishonest for the following reasons.
- In conjunction with the word “specialists” – no such specialty is recognised by the Health Professions Council of South Africa, the Allied Health Professions Council of South Africa, or the South African Pharmacy Council.
- It contravenes clause 8.19 of Appendix A of the Code which states: “Premature Ageing No advertisement should contain any claim for slowing down the process of ageing based upon a product's content unless so registered by the Medicines Control Council [MCC].” (emphasis added)
We would argue that the term anti-aging as used here and throughout the booklet contravenes this clause of the Code as there is no evidence that the products are registered with the MCC. (We would also argue that the words “premature ageing” referred to Section 1, Parts 3.1 and 3.2 of the Code do not exclude the term “anti-aging”, as their meanings would be interpreted by most consumers as being the same if not similar to “slowing down the process of ageing”.)
Complaint 2: Dermaceuticals
The term “Dermaceuticals” and the statement “Medicine for the skin” as it appears on page 3 of the booklet
Complaint/Comment
The phrase “medicine for the skin” appears under a heading “Dermaceuticals”. The term dermaceutical is not generally medically or pharmacologically accepted. It clearly contravenes the statement in Appendix C of the code, Clause 5.4 which states: “the term ‘cosmeceutical’ is not permitted with reference to cosmetic products as it is misleading (reference: MCC Minutes of March 2000, Item 2.9). Any similar term would also not be permitted.” (emphasis added) Clearly this precludes the use of the word dermaceuticals and I would request that the Directorate specifically rule on this. (Unfortunately, we do not have a copy of the MCC minutes referred to.)
The phrase “medicine for the skin” implies a health benefit and that it is therefore subject to the Medicines and Related Substances Act. Appendix C specifies in Clause 4.2 that: “the medicinal context has the typical characteristics of:
· permanent or drastic effects after completion of a treatment;
· healing or curative aspects;
· to be used restrictively because of the potency of the treatment;
· the effect is aimed at treatment of or relieving a disease condition.”
Clause 7 provides details about the requirements for substantiation of these products.
We argue that the phrase “medicine for the skin” is misleading when applied to the agents listed in the Solal booklet for topical application. When the phrase is applied to the agents listed for oral ingestion, they would be subject to the Medicines Act and Appendix A of the Code and must be substantiated as such.
Complaint 3: HIV
This is from page 29 of the booklit and also published on the Solal website at
Complaint/Comment
This contravenes Appendix F of the Code. The efficacy for each of these products in assisting HIV/AIDS in humans must be substantiated in terms of Section 1 Clause 4.25 of the Code with documentary evidence as set out in Clause 4.1 of Section 2 of the Code.
In addition, all treatments for HIV must be registered with the Medicines Control Counsil in accordance with the medicines act. We request documentary evidence of registration.
Complaint 4: Ageing claims
Website:
- Protects brain cells against age related degeneration and
- improves mood,
- improves memory
- improves cognition.
- Prevents age related impairment of eyesight.
- Helps to increase muscle mass
- convert[s] body fat into energy.
- maintain[s] the function of mitochondria.
- Maintains immune competence
- reduces the aging pigment lipofuscin.
- Opposes the aging process in the skin.
- Helps alleviate depression
- improves sleep quality.
Label:
Cellular & mitochondrial energizer / For brain and heart protection
Complaint/Comment
The efficacy for each of these claims in humans must be substantiated in terms of Section 1 Clause 4.25 of the Code with documentary evidence as set out in Clause 4.1 of Section 2 of the Code.
In addition, the claims as to mood and treating depression are only allowed if the product is registered as such with the Medicines Control Council as indicated in clause 4.1 of appendix A of the advertising code.
The claimsrelating to ageing contravenes clause 8.19 of Appendix A.