The CAP Code stated that health claims that referred to a rate or amount of weight loss were not acceptable when made in relation to a food. We considered consumers would understand the claim “I’ve lost 3 stone” in ad (a) to mean that William Chase had lost three stone in weight as a result of consuming apple cider vinegar. As referenced above, claims that a food could help weight loss were health claims. The claim was therefore a health claim made in relation to a food that also referred to an amount of weight loss. We concluded the claim breached the Code. Ad (b) included the claim “Horseradish – known to boost circulation […]” in relation to the Fire Cider product. Ad (a) featured the claim “I sleep better” and the claims “increased my energy levels” and “Gently energising”. We considered that claims to boost circulation, improve sleep and increase energy levels were specific health claims. ads (a), (b), (c), (d) and (e) made claims to prevent, treat or cure disease, which were prohibited by the Code; and

Ad (f) stated that “billions of cells including bacteria […] reside in our guts and are responsible for many vital bodily processes. This includes things like: helping to control digestion […] Our good gut bugs are important for digestion and destroying any harmful bacteria that may emerge […] certain factors […] can lead to gut dysbiosis”. In that context, we considered the claim that Willy’s ACV could “help to repopulate some of the good bacteria in your gut” would be understood to mean that the presence of “good” bacteria, provided by Willy’s ACV products, could help the process of digestive transit and counter any ill effects of gut dysbiosis. Similarly, we considered the claim “Help balance ph[sic] in the gut, leading to improved digestion” in ad (a) implied that the pH balance of the gut could be unbalanced and that if it was, digestion might be negatively affected, and that the product could help to correct that and improve digestive transit. We further considered the claims “can also help with digestion” in ad (b) and “boost digestion” in ad (c) would also be understood to mean the product could improve digestive transit. Claims to help or improve the process of digestive transit were specific health claims.

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The CAP Code stated that only reduction of disease risk claims authorised on the GB NHC Register could be used in marketing communications. Reduction of disease risk claims were health claims that stated, suggested or implied that the consumption of a food or one of its constituents significantly reduced a risk factor in the development of human disease.

Ad (c) included the claim “help with memory & cell production”. We considered those claims would be understood as meaning the product would support the brain processes involved in sorting and retrieving memories and support normal cell production in the body, which were specific health claims. The CAP Code defined health claims as those that stated, suggested or implied that a relationship existed between a food category, a food or one of its constituents and health. Willy’s ACV had provided third-party articles in support of the health claims made in the ads. However, only specific health claims authorised on the Great Britain nutrition and health claim (NHC) register (the GB NHC Register) could be made in ads promoting food or drink products. Any authorised health claims made in an ad must meet the associated conditions of use. Additionally, the Code required that general health claims, which were claims that referred to the general benefits of a nutrient or food for overall good health or health-related well-being, must be accompanied by a specific authorised health claim.

In relation to the Fire Cider product, ad (b) included the claim “Horseradish – known to […] clear mucus”. We considered that the need to “clear mucus” would be understood by consumers to refer to the mucus build-up experienced as a symptom of illnesses such as flu, which was referenced in the ad. The claim was therefore a claim that horseradish could resolve a symptom of illness and as such treat human disease. Ads (b) and (c) included the claim “loaded with antioxidants”, and ad (b) also included the claim “Ginger – loaded with antioxidants” in relation to the Fire Cider product. We considered those claims were specific health claims that the products, or ingredients in them, helped to protect cells from oxidative stress. We considered some consumers may not be familiar with the term “adaptogens”, used in ad (a). However, we understood the term was used to describe natural substances believed to help the body respond to stress, and we considered many consumers who were interested in the potential health benefits of products such as apple cider vinegar would have some knowledge of that definition. We therefore considered the claim “[…] with adaptogens” would be understood to mean that the product would support the body’s ability to respond to stress, which we considered was a specific health claim.

Ad (b) included the claims “to avoid the terrible winter flus”, “Struggling to fight a pesky cold?”, “this ACV is a flu season must have” and “#FluSeason”. Ad (d) included the claims “With the nights drawing in, days getting shorter and flu season taking hold, now’s the time to focus on our immunity and what we do to prevent getting ill this season. Apple cider vinegar (ACV) has been used as a natural remedy for centuries […] recent research and anecdotal stories have suggested that ACV may also help” and “reduce the symptoms of, or even prevent colds and flu”. We considered those claims would be understood as either direct or implied claims that apple cider vinegar could help to prevent, treat or cure colds or the flu.Add into most meals including coups, salads, roasted veg and meat basting. Use in sauced, dressing, dips and marinades. Whizzy Salad Dressing Ad (e) included the claims “great for curbing sugar cravings” and “may also regulate blood sugar and insulin levels, which can lead to a reduction in sugar cravings”. We considered the claims would be understood to be specific health claims that the product could support the body’s ability to process sugar, and so support the regulation of blood glucose and insulin levels and increase feelings of satiety, particularly in relation to sugar consumption. ACV is a natural remedy that has been used for thousands of years in cooking and medicine. We recommend using this in your cooking to add depth of flavour and take advantage of the health benefits - whether this be as a dressing on your salad, drizzled over roasted vegetables or for caramelising onions. Classic Daily Dose On that point, ad (a) breached CAP Code (Edition 12) rules 15.6 and 15.6.6 (Food, food supplements and associated health or nutrition claims). Action