Soft drinks brand Trip has fallen foul of advertising guidelines around health and nutrition claims made about its Mindful Blend range of drinks online.
The Advertising Standards Authority investigated three possible breaches of the CAP code on Trip’s website, following a complaint made by a member of the public.
The complainant, whom the ASA said had “professional expertise in chemistry and pharmaceutical science”, questioned if claims made that Trip’s drinks “reduced serum cortisol levels” and “promoted feelings of calm” were specific health claims that were not authorised on the Great Britain Nutrition & Health Claims register (GB Register).
They also queried if Trip’s claim its Mindful Blend Cucumber & Mint drink contained “0g added sugar” was misleading on the basis the product contained naturally occurring sugar from apple and grape fruit concentrate.
Additionally, the ASA investigated whether – by claiming that products could help with or reduce anxiety and stress – Trip was guilty of making claims to prevent, treat, or cure disease that were prohibited by the code.
On all counts, the ASA found evidence that Trip’s marketing materials breached the code.
Trip calm claims investigated
Trip’s website made several references to how its products contained ingredients such as magnesium that helped “promote feelings of calm”, the ASA noted. These included the claim that Trip’s drinks were “crafted for calm”, would “simply help you feel calm”.
The watchdog ruled the claims were specific health claims as they “implied that the ingredients had beneficial health effects”. As it had “not seen any evidence” to demonstrate the claims were authorised on the GB Register, the website page was in breach of the code, it said.
Meanwhile, claims made in relation to anxiety – such as that the lion’s mane in Trip’s Mindful Blend could reduce “anxiety and stress” – would be understood by consumers as a claim that its products could help treat or cure the condition, the ASA said.
The claim “Lion’s mane is all the rage for […] mental health” would also be understood to relate to the treatment of anxiety, it added.
It therefore concluded these were claims that a food could prevent, treat or cure disease and breached the code.
Fruit concentrate used for ‘sweetening’
In the case of the no-added sugar claim made by Trip, the ASA referred to advice from the Department of Health & Social Care, which said the sweetening properties of ingredients used “needed to be looked at on a case-by-case basis”.
The ad in question promoted a cucumber and mint drink, neither of which were likely to be sweet, the ASA noted. Therefore, it concluded apple and grape juice concentrate was used “at least in part, for its sweetening properties”.
The claim “0g added sugar” did not therefore comply with the conditions of use associated with the equivalent “with no added sugars” nutrition claim in the GB register.
“Our rules are clear that ads can’t make claims that a food or drink can prevent, treat or cure human diseases or conditions,” an ASA spokeswoman said. ”Advertisers should also make sure that specific health claims are authorised, and that any nutrition claims meet the conditions of use associated with that relevant claim.”
Claims on Trip’s website went ”beyond what’s allowed for food and drink products” and included “a non-complaint nutrition claim ‘0g added sugar’ and an unauthorised specific health claim implying that magnesium could reduce serum cortisol levels,” the spokesperson added.
Third party claims removed
Trip told the ASA it had removed third-party claims that implied its products reduced serum cortisol levels, promoted feelings of calm and could reduce anxiety and stress while it sought external advice.
The supplier had began an internal audit “to ensure no references remained” in its advertising but “hoped to be in a position to make the claims in the future”, the ASA said.
“In the EU health claims register, magnesium (which is included in this Trip drink) is listed with the approved health benefit ‘magnesium contributes to normal psychological function’,” a Trip spokesman said. “A page on Trip’s website received a complaint, which was promptly resolved.
“Trip aims to educate consumers and shared a hyperlink to a third party scientific study in a website page section called ‘studies’. This has now been removed. Trip will continue to work closely with regulators to ensure it can educate consumers while complying with all regulatory requirements.”
Trip had also amended its website to make clear that “the only sugar in the drink is naturally occurring from fruit juice”, the spokesman added.
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