‘Laugh and the world laughs with you, snore and you sleep alone’ – Anthony Burgess
World Sleep Day reminds us that good sleep is sacred, and we all know by now that sleep hygiene can be vital. Conversely, not being able to sleep can be a nightmare and many people will look for something to help them without resorting to sleeping pills. There are plenty of purported solutions out there, but marketers need to be wary of what they can and cannot say.
Brown Sugar – food supplements
A claim that a food supplement can help those struggling with poor sleep has previously been ruled by the ASA to be a ‘health claim’ and therefore only acceptable if authorised on the GB NHC Register for a specific ingredient in the product.
Claims to help with insomnia are different and this ASA ruling indicates they are considered claims to treat ‘human disease’ for the purposes of rule 15.6.2. Such claims are completely prohibited for foods.
The Bitterest Pill – Medicines
Medicines must be licenced by the Medicines and Healthcare products Regulatory Agency (MHRA) before being advertised and medicinal claims are not permitted for unlicensed products (rule 12.1).
A claim to treat insomnia was previously ruled by the ASA to be medicinal and because the topical cream did not have a relevant MHRA marketing authorisation, it was found to be problematic.
Electric dreams – Medical devices
A claim to ‘improve sleep’ using a medical device is less likely to be considered medicinal (depending on the context) but, as was the case here for a mobile app game, the ASA considered it an objective claim that needed to be supported by robust documentary evidence.
Claims to treat insomnia with a medical device, however, are likely medicinal and could also be seen to discourage essential medical treatment, which is not permitted unless the treatment is carried out under the supervision of a suitably qualified health professional (rule 12.2).
The Reflex – Therapies
Claims that some therapies such as massage, mediation and reflexology can promote relaxation and therefore aid sleep are likely to be acceptable – but marketers are reminded that claims to help with insomnia could be seen to discourage essential medical treatment.
So, if Mr Sandman isn’t coming to call, you may as well stay up and check to make sure your ads are in order. Or send them to the Copy Advice team, of course.
Sleep tight!
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