Advertisements proudly carrying the “Product of the Year 2010” logo are beginning to pop up with annoying frequency. I chanced on one such product which, according to the proud winner, was voted product of the year in the supplements category. The Product of the Year website has not listed the 2010 winners — but it is worth noting that in 2009 there was no winner in the supplements category. Is it possible that this year was the first year in which this category was included and is it possible that there was only one entrant?
The Product of the Year is awarded to the marketers of fast-moving consumer goods (FMCG) that choose to enter the competition every year. Finalists are chosen by a jury and then consumers vote for the winners through a Nielsen-conducted market survey. It is meant to apply to goods launched in the previous eighteen months and which show innovation, including but not limited to, marketing, design, packaging and function.
There is no fee to enter but if chosen as a finalist, you’ll pay R35 000 for the honour. If you’re voted a winner in a category you’re liable for an additional R150 000 and the right to display the product of the year logo.
Rule 3.5 of the rules of the competition clearly states: “[Y]ou warrant that any information provided by You (sic) as part of or in support of your application is sustainable for use in advertising in South Africa, is true, accurate and complete in all respects and is in no way misleading or deceptive. You will upon request provide evidence to verify any claims made in such information.” (Emphasis added)
The following claims are made on the product’s website and I have given my own assessment of each claim alongside.
| Claims for Créche Guard Immune Multivitamin Syrup | Assessment |
| … formulated with a combination of herbs, tinctures, vitamins and minerals that are essential for your child’s good health. | Misleading. There is no evidence that any herbs or tinctures are essential for good health, whether in children or adults. Certain vitamins and minerals are classified as “essential”. |
… uniquely formulated to
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Misleading. Each of these claims classifies this product as a medicine and not a “supplement”. This product is possibly even being sold illegally in terms of the Medicines Act. |
… contains Grape Seed, Olive Leaf, Goldenseal and Astragalus tinctures which
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Misleading. The evidence that these tinctures in combination and in the concentrations in this product have these effects in protecting against respiratory, digestive and urinary tract infections, needs to be provided. This would require doing a clinical trial and not just relying on “reports” or the effects of individual ingredients. This claim again classifies the product as a fixed dose combination medicine and not a supplement. |
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As above. Misleading. The product is a medicine. Scientific substantiation is needed. |
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Misleading or false. The product is a medicine. Scientific substantiation is needed. |
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Misleading or false. The product is a medicine. Scientific substantiation is needed. |
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Misleading or false. The product is a medicine. Scientific substantiation is needed. |
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Misleading or false. Scientific substantiation is needed. (It is clear from the layout of the webpage that the antioxidant claim is included for a therapeutic reason and not as a preservative.) |
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Misleading, false or even dangerous. This classifies the product as an anthelminthic in terms of Regulation 25 of the Medicines Act. Scientific substantiation is needed from clinical trials. |
Under the FAQ page of the product http://www.crecheguard.co.za/faq it is stated that the product can be taken by babies from four months of age. Great care should be taken in giving unregistered medicines to babies as no independent regulator has checked the safety for babies.
It seems that not only are the public being misled by the claims made for this product but that the organisers of the Product of the Year were misled into accepting the product as a “supplement” rather than a medicine. The Medicines Act and its regulations do not even define supplements. The Foodstuffs Act does not allow “supplements” to make therapeutic or medicinal claims.
It would be interesting to see what decision the Advertising Standards Authority (ASA) would make if a complaint was lodged. Unfortunately, because the ASA is skewed in favour of the advertiser — it is after all an industry-created body — the complaint may well be dismissed. The manufacturer (details on the website) would know full well that all it needs to do is find an unethical pharmacist or doctor to favourably present any “evidence” it may have on record for the product. If the ASA accepts that expert’s credentials, any report will invariably be accepted. The South African ASA, unlike the UK ASA, does not independently consult medical or scientific experts even though the SA Code of Advertising Practice allows for this.
But just imagine if the advertising for a “Product of the Year” was to be found out of order by the ASA …
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