Essential Oil Sleep Claims In Hot Water With UK Advertising Regulator
This article was originally published in The Rose Sheet
Executive Summary
UK Advertising Standards Authority advised Puressentiel not to make ad claims reserved for licensed medicinal products. Puressentiel argued its products aren't medicinal, but still provided efficacy studies, which ASA declined to review.
Essential oil marketer Puressentiel UK Ltd. is the latest firm to learn from the UK advertising regulator that ad claims can make its offerings medical products that require licensing.
The UK Advertising Standards Authority says even though the London firm argued that its products are not therapeutic treatments, it offered two scientific studies assessing improvement in sleep quality and duration for subjects who used the oil.
That evidence was too little, too late, though.
In a decision published Oct. 17, ASA said it asked the UK Medicines & Healthcare Products Regulatory Agency about Puressentiel's claims for its Rest & Relax Air Spray. MHRA "considered that sleep disorders were medical conditions and claims which implied that products were capable of treating such conditions, such as by exerting a sedative action, were medicinal claims," according to ASA.
Rest & Relax did not have marketing authorization to make a medicinal claim and ASA did not see evidence that demonstrated the product is an approved marketed device. The claims breached advertising codes and the watchdog group declined to review the firm’s supporting data.
It advised the firm to discontinue claims it made on a London Underground poster that its Puressentiel Rest & Relax Air Spray “improves the quality and duration of sleep” and other sleep-related claims.
ASA received four complaints after the ad appeared in March with an image of the Rest & Relax product and text stating “Dreaming of getting a good night’s sleep?” and “improves the quality and duration of sleep.” Small text on the side of the poster stated, “to help preparing a good night’s sleep” and “usage test – 30 volunteers – 21 days.”
The review looked only at whether “improves the quality and duration of sleep” is a medicinal claim for an unlicensed product.
Puressentiel argued that because Rest & Relax essential oil is derived from plants and is a spray, consumers know it is not medicinal and do not consider it a medicinal product or medical device. It also noted numerous other similar products on the market are considered consumer products.
The agency said "in the context of the ad as a whole, consumers were likely to interpret the claim ‘improves the quality and duration of sleep’ as being a claim to treat a sleep disorder." It considered it a medicinal claim.
Puressentiel was the subject of a previous ASA review in 2016 for claims it made that another of its essential oil product was efficacious in getting rid of bacteria, viruses and fungi. ASA didn't consider the claims to be medical, but upheld one complaint challenging the firm’s support for the claims, determining they were unsupported. However, it didn't uphold another challenge that the firm implied its products was effective because they are was natural. (Also see "Processing Removes 'Natural' Claim For UK Meal-Replacement Bar Ingredients" - HBW Insight, 14 Mar, 2018.)
Other ASA reviews in 2018 that found unauthorized medicinal claims include Procter & Gamble Co.’s mention of gum protection in TV ads for a product the UK categorizes as cosmetic, Oral-B Gum and Enamel Repair toothpaste. (Also see "Nothing Cosmetic About P&G Oral-B Enamel Repair Claims, UK Review Finds" - Pink Sheet, 9 Jul, 2018.)
ASA also this year reported that a catalog from a UK firm identified as Source Ltd. contained 18 pages of unsubstantiated claims for a dietary supplement containing meristem, the tissue in areas of plants where growth can take place, including "totally clear arteries" and "veins are quickly toned up and rejuvenated." (Also see "Ad Firm Behind Bogus Weight Loss Claims Fined $2M: Health And Wellness Industry News" - HBW Insight, 7 Feb, 2018.)