Juice Garden Ltd - ASA | CAP

Sign in Search...

Home About ASA and CAP Codes and rulings Advice and resources Issues and topics Make a complaint

ASA Ruling on Juice Garden Ltd Add to my favourites

Upheld
| Internet (on own site)
| 01 March 2017 SHARE PAGE...

Youre here: Home Codes and rulings Rulings Juice Garden Ltd

Background
Juice Garden Ltd
Summary of Council decision:
181 Gravelly Hill

Two issues were investigated, both of which were Upheld. 10 Cedar Tree Court

Birmingham

Ad description B23 7NP

A website for Juice Garden Ltd, www.juicegarden.org, an online juice retailer, seen on 12 July 2016,
featured a Juice menu page which included drink products named CLEANSE, IMMUNE, ENERGY, Number of complaints: 1
DETOX JUICE, COLON CLEANSER, DRINK ME, SHRINK ME and FLU SHOT.
Complaint Ref: A16-354907
Issue

The complainant challenged whether the following claims breached the CAP Code:

1. the claim Flu Shot, which was a claim that the drink prevented, treated or cured disease; and Other rulings for this company
2. the claims Cleanse, Immune, Energy, Detox Juice, Colon Cleanser and Drink Me, Shrink Me,
which were subject to Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (the Juice Garden Ltd
Regulation), as reflected in the CAP Code. Upheld
| 13 May 2015

Response

Juice Garden Ltd stated that they did not claim to cure or prevent disease and that the claims related to the
Related rulings
name of the drink.

Assessment Butters John Bee Ltd

Upheld in part
| 01 March 2017
1. Upheld

The ASA considered that consumers would understand the claim Flu Shot to mean that the drink could
help to prevent or treat flu infection. We considered the claim therefore implied that the drink prevented, Global Edulink Ltd
treated or cured human disease, which was prohibited under the Code.

https://www.asa.org.uk/rulings/juice-garden-ltd-a16-354907.html[06/03/2017 12:41:51]
Juice Garden Ltd - ASA | CAP

Upheld
| 01 March 2017

On this point, the ad breached CAP Code (Edition 12) rule 15.6.2 (Food, food supplements and

associated health or nutrition claims).

LeoVegas Gaming Ltd
2. Upheld
Upheld
| 01 March 2017

According to the Regulation, only health claims which appeared on the list of authorised health claims (the
EU Register) could be made in ads that promoted foods. Health claims were defined as those that stated,
suggested or implied that a relationship existed between a food category, a food or one of its constituents Show more

and health. We considered that consumers would understand the claim Drink Me Shrink Me, to mean that
consuming the product would result in weight loss and that the drink therefore provided specific health
benefits for those trying to lose weight. We considered that consumers would understand the claim Colon
Cleanser to mean the drink would have a beneficial cleansing effect on the colon. However, we had not
seen evidence from the advertiser to demonstrate that "Colon Cleanser" and Drink Me Shrink Me were
authorised health claims.

The Regulation also stated that references to general benefits of a nutrient or food for overall good health
or health related well-being were acceptable only if they were accompanied by a specific authorised health
claim. The ad included a list of Boosters intended to be added to the other juices advertised. We
considered that the claims Cleanse, Immune and Energy, in reference to the Boosters, were likely to
be understood as references to general health benefits that would be provided by the drinks. However, the
claims were not accompanied by specific authorised health claims. We also considered the claim Detox
Juice" was likely to be understood to be a reference to a general health benefit of the drink. However, we
noted it also was not accompanied by a specific authorised health claim.

Because the ad made general health claims that were not accompanied by a specific authorised claim, and
specific health claims which were not authorised on the EU Register, we concluded that the ad breached
the Code.

On this point, the ad breached CAP Code (Edition 12) rules 15.1 15.1.1 and 15.2 (Food, food

supplements and associated health or nutrition claims).

Action

The ad must not appear again in its current form. We told Juice Garden Ltd to ensure they did not make
claims that food or drink products could prevent, treat or cure disease, not to make health claims unless
they were authorised on the EU Register and not to make general health claims unless they were
accompanied by a specific authorised health claim.

CAP Code (Edition 12)

15.1
15.1.1
15.2
15.6.2

More on

Food, drink and supplements

https://www.asa.org.uk/rulings/juice-garden-ltd-a16-354907.html[06/03/2017 12:41:51]