• Subscribe to our newsletter
The Media Online
  • Home
  • MOST Awards
  • News
    • Awards
    • Media Mecca
  • Print
    • Newspapers
    • Magazines
    • Publishing
  • Broadcasting
    • TV
    • Radio
    • Cinema
    • Video
  • Digital
    • Mobile
    • Online
  • Agencies
    • Advertising
    • Media agency
    • Public Relations
  • OOH
    • Events
  • Research & Education
    • Research
    • Media Education
      • Media Mentor
  • Press Office
    • Press Office
    • TMO.Live Blog
    • Events
    • Jobs
No Result
View All Result
  • Home
  • MOST Awards
  • News
    • Awards
    • Media Mecca
  • Print
    • Newspapers
    • Magazines
    • Publishing
  • Broadcasting
    • TV
    • Radio
    • Cinema
    • Video
  • Digital
    • Mobile
    • Online
  • Agencies
    • Advertising
    • Media agency
    • Public Relations
  • OOH
    • Events
  • Research & Education
    • Research
    • Media Education
      • Media Mentor
  • Press Office
    • Press Office
    • TMO.Live Blog
    • Events
    • Jobs
No Result
View All Result
The Media Online
No Result
View All Result
Home Advertising

Advertising Standards Authority uses its fangs again after years of litigation

by GroundUp News
April 11, 2018
in Advertising
0 0
0
Advertising Standards Authority uses its fangs again after years of litigation

Snake oil. Photo: Jeremy Weate via Wikipedia (CC BY 2.0).

Share on FacebookShare on Twitter

The Advertising Standards Association (ASA) has ruled against an advertisement run by Herbex for its Attack the Fat product. Annie Cebulski and Eryn Scannell report for GroundUp News.

The association will instruct its members not to run the advertisement. This comes after medical doctor and consumer activist Dr Harris Steinman laid a complaint against Herbex for its lack of evidence of efficacy. Herbex chose not to participate in the ASA investigation.

On 29 March, the ASA found Herbex to be in violation of its standards code for using testimonials claiming efficacy which were not justified.

Herbex responded to the ASA ruling in a press statement affirming that “Herbex stands by personal testimonials despite [the] ASA ruling”.

Eddie Bisset, managing director of Herbex holding company, Newgroup Holdings, said in the statement that Herbex products are “carefully researched and formulated by industry professionals before going to market, and all manufacturers are GMP [Good Manufacturing Practice] compliant and properly certificated”.

The statement did not identify any research nor name any industry professionals.

This ASA ruling is the culmination of a legal battle between the ASA and Herbex that dates back years.

In May 2016, the High Court ruled, in a case brought by Herbex, that the ASA had no legal authority over non-members. However, in September 2017, the Supreme Court of Appeals (SCA) overturned major parts of that decision, restoring the functionality of the ASA. The SCA found that ASA does have the authority to make decisions to guide ASA members and to inform the public about non-member’s advertisements no matter “where the advertisement was published or who the advertiser is”.

The SCA also ruled that a non-member does not have to participate in the ASA’s proceedings, but the ASA can still rule on the non-member’s advertisement and instruct its members not to run it. Most mainstream media publications abide by the ASA’s decisions, so even though Herbex is not an ASA member it’s ability to advertise is affected by the ASA’s ruling.

Steinman feels that the South African Health Products Regulatory Authority (SAHPRA) — which replaced the old Medicine Control Council — is not doing enough policing of the industry. As a result, Steinman sees the ASA as an important barrier to false claims.

“I could come out tomorrow and sell sea sand and claim it will cure your cancer,” Steinman said. “They [SAHPRA] will not act against me because they are doing absolutely nothing.”

The Department of Health, which administers the SAHPRA, did not respond to request for comment.


This story was originally published on GroundUp


© 2018 GroundUp. Creative Commons License
This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.

 

Tags: advertisementAdvertising Standards AuthorityASA SADr Harris SteinmanGroundUp NewsHerbexSA Health Products Regulatory Authority

GroundUp News

GroundUp is a news agency. It reports news that is in the public interest, with an emphasis on the human rights of vulnerable communities. It wants its stories to make a difference.

Follow Us

  • twitter
  • threads
  • Trending
  • Comments
  • Latest
Kelders van Geheime: The characters are here

Kelders van Geheime: The characters are here

March 22, 2024
Dissecting the LSM 7-10 market

Dissecting the LSM 7-10 market

May 17, 2023
Keri Miller sets the record straight after being axed from ECR

Keri Miller sets the record straight after being axed from ECR

April 23, 2023
Getting to know the ES SEMs 8-10 (Part 1)

Getting to know the ES SEMs 8-10 (Part 1)

February 22, 2018
Sowetan proves that sex still sells

Sowetan proves that sex still sells

105
It’s black. It’s beautiful. It’s ours.

Exclusive: Haffajee draws a line in the sand over racism

98
The Property Magazine and Media Nova go supernova

The Property Magazine and Media Nova go supernova

44
Warrant of arrest authorised for Media Nova’s Vaughan

Warrant of arrest authorised for Media Nova’s Vaughan

41
Seven Days on Social Media: Tonya’s in hospital, the nation’s in chaos and SA doesn’t care about Joshlin

Seven Days on Social Media: Tonya’s in hospital, the nation’s in chaos and SA doesn’t care about Joshlin

May 9, 2025
Social media platforms are replacing Google

Social media platforms are replacing Google

May 8, 2025
CMO to CEO​: 10 top tips from those who’ve done it

CMO to CEO​: 10 top tips from those who’ve done it

May 8, 2025
Media moves: Bonang’s House of BNG pops at launch, WPP launches empowerment initiative for women leaders in SA, MTF goes live

Media Moves: IAS off to AdForum, Lindsey Rayner new MD of Levergy, applications open for Digify Pro Online 2025

May 8, 2025

Recent News

Seven Days on Social Media: Tonya’s in hospital, the nation’s in chaos and SA doesn’t care about Joshlin

Seven Days on Social Media: Tonya’s in hospital, the nation’s in chaos and SA doesn’t care about Joshlin

May 9, 2025
Social media platforms are replacing Google

Social media platforms are replacing Google

May 8, 2025
CMO to CEO​: 10 top tips from those who’ve done it

CMO to CEO​: 10 top tips from those who’ve done it

May 8, 2025
Media moves: Bonang’s House of BNG pops at launch, WPP launches empowerment initiative for women leaders in SA, MTF goes live

Media Moves: IAS off to AdForum, Lindsey Rayner new MD of Levergy, applications open for Digify Pro Online 2025

May 8, 2025

ABOUT US

The Media Online is the definitive online point of reference for South Africa’s media industry offering relevant, focused and topical news on the media sector. We deliver up-to-date industry insights, guest columns, case studies, content from local and global contributors, news, views and interviews on a daily basis as well as providing an online home for The Media magazine’s content, which is posted on a monthly basis.

Follow Us

  • twitter
  • threads

ARENA HOLDING

Editor: Glenda Nevill
glenda.nevill@cybersmart.co.za
Sales and Advertising:
Tarin-Lee Watts
wattst@arena.africa
Download our rate card

OUR NETWORK

TimesLIVE
Sunday Times
SowetanLIVE
BusinessLIVE
Business Day
Financial Mail
HeraldLIVE
DispatchLIVE
Wanted Online
SA Home Owner
Business Media MAGS
Arena Events

NEWSLETTER SUBSCRIPTION

 
Subscribe
  • About
  • Advertise
  • Privacy & Policy
  • Contact

Copyright © 2015 - 2023 The Media Online. All rights reserved. Part of Arena Holdings (Pty) Ltd

No Result
View All Result
  • Home
  • MOST Awards
  • News
    • Awards
    • Media Mecca
  • Print
    • Newspapers
    • Magazines
    • Publishing
  • Broadcasting
    • TV
    • Radio
    • Cinema
    • Video
  • Digital
    • Mobile
    • Online
  • Agencies
    • Advertising
    • Media agency
    • Public Relations
  • OOH
    • Events
  • Research & Education
    • Research
    • Media Education
      • Media Mentor
  • Press Office
    • Press Office
    • TMO.Live Blog
    • Events
    • Jobs

Copyright © 2015 - 2023 The Media Online. All rights reserved. Part of Arena Holdings (Pty) Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?