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Upheld ruling on medicinal claims for an unlicensed product.
On 26 April 2023, the Advertising Standards Authority (ASA) upheld a ruling against social media and website advertisements for a CBD skincare range that made both explicit and implicit medicinal claims for an unlicensed product.
The social media advert stated that the product “targets areas of pain” which the ASA considered that the consumer would understand to mean the creams could relieve pain.
The product website also mentioned research into CBD to help with illnesses and the ASA considered that the implication was that the existence and range of these studies indicated there was value with regards to CBD in treating the outlined medical conditions. Therefore, the ASA considered that consumers would understand the references to ongoing studies into CBD were medicinal claims for the brands products to treat those conditions.
The CAP Code states that medicinal claims and indications may only be made for a product licensed by the Medicines and Healthcare products Regulatory Agency (MHRA) or under the auspices of the European Medicines Agency (EMA).
The adverts must not appear again in the form raised in this case.
