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Compliance alerts

What is the DM Commission

The DM Commission investigates complaints which are made by consumers and businesses against members of the DMA. It decides if there has been a breach of the DMA Code of Practice, and, if so, then it will make adjudication as necessary. If a consumer or business wishes to make a complaint, then they must put their complaint in writing, by email or post with copies of relevant correspondence and upon receipt of the complaint.

What is CAP

CAP, the Committee of Advertising Practice, is the self-regulatory body that creates, revises and enforces the British Code of Advertising, Sales Promotion and Direct Marketing ("The CAP Code"). The DMA is one of the nineteen organisations that make up CAP membership. Periodically, the CAP Compliance Team issues "Ad Alerts" to its membership advising details where a company has been found to be in breach of the CAP Code.

Alerts

Stirling Health Ltd
PO Box 622, St Peter Port, Guernsey GY1 4PZ

Action: Consult CAP Copy Advice team before distributing or preparing any marketing communications for Stirling Health Ltd.

The ASA recently upheld a complaint about a direct mailing promoting the product Prostate Support Formula. The mailing claimed “…I discovered that there were some extremely powerful natural ingredients … clinically shown to be more effective than prescription medicines for both treating prostate conditions as well as maintaining good Prostate Health … I would suggest you try Prostate Support Formula to treat any Prostate condition that you may already have, or prevent one from occurring in the future”. A testimonial went on to state “… wanted to tell you your prostate product is a real miracle … after taking it for two months I’ve almost forgotten that I have a dodgy prostate”. The complainants challenged the efficacy of the product. The ASA challenged whether the ad made medicinal claims for an unauthorised product and whether the testimonials were genuine.

The advertisers did not respond to the ASA’s enquiries. The ASA was concerned by Stirling Health’s lack of response and their apparent disregard for the Code. Because they did not send evidence to support the claims in the mailing, the ASA concluded the mailing was misleading and could discourage some recipients from seeking essential treatment.

Members are asked to consult the CAP Copy Advice team before preparing or distributing mailings for Stirling Health.



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