Tetley's health claims go too far

Recent ASA and ITC decisions concerning health claims made in advertisements for Tetley tea bags have illustrated the difficulty in satisfying the regulators as to the scientific evidence supporting such claims.

Tetley’s television and poster advertisements stated that “Tetley is rich in antioxidants that can keep your heart healthy”. The Food Commission made complaints to both the ASA and the ITC on the basis that there was no scientific proof for this claim.

When Tetley had first proposed running the advertisement in 2000, the ITC had sought expert opinion relating to the claims. At that time, the expert considered that scientific opinion was generally favourable towards the notion of a link between the flavonoids found in tea and heart health. The expert re-reviewed the claim in light of the complaint and found that, in the intervening period, a clinical trial had failed to demonstrate a conclusive link between antioxidants and heart health. He therefore felt unable to continue to recommend that the claim be accepted.

The ASA also took expert advice on the considerable quantity of scientific literature provided by the advertisers (31 studies and an expert opinion), but decided that it was not adequate to substantiate the claim. As well as noting that the epidemiological evidence was inconsistent, the ASA considered that although antioxidants might help prevent coronary heart disease, the advertiser’s evidence did not address variables such as the type of antioxidants in Tetley tea or the level of antioxidants absorbed by tea drinkers.

The ITC and the ASA both concluded that the scientific evidence available did not support the claim, and the complaints were upheld.

It is clear that advertisers must hold documentary evidence to prove all claims capable of objective substantiation before an advertisement is published. The Tetley decisions emphasise that in the case of health claims, such evidence must be detailed and specific. Advertisers must also monitor new scientific evidence as it becomes available, to ensure it supports any claims made.

If you would like more information regarding these decisions please contact Zelda Pickup by telephone on +44 (0) 207 367 2043 or by email at [email protected], or Susan Barty by telephone on + 44 (0) 207 2542 or by email at [email protected], or Victoria Baker by telephone on +44 (0) 207 367 3451 or by email at [email protected]