Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Advice from the Medicines and Healthcare products Agency (MHRA) suggests that hangovers and their symptoms are considered adverse medical conditions: the term “hangover” is associated with symptoms such as nausea, dehydration, headache, vomiting and stomach upset. Marketers are therefore not permitted to market an unlicensed product as a hangover cure or a method to prevent hangovers. That applies to marcoms that either use the word “hangover” explicitly or euphemisms for it such as “the morning after” or similar.
Products that masquerade as dietary supplements but are marketed on the basis that they can prevent or cure the effects of alcohol misuse are likely to breach the Code. CAP understands that normally, if it is not a medicine but has some nutritional value as a supplement, a product could fall under Food Labeling Regulations 1996 and be classed as a dietary supplement. Although its purpose is to supplement a restricted diet or help maintain good health, marketers should not imply that it can be used to prevent or treat illness, elevate mood or enhance normal performance (Rules 15.7 and 15.8).
Herbal products for the relief of the symptoms of hangover might run into regulatory problems with the MHRA. The MHRA classed Artichoke Active, a herbal product, as a medicine because it was presented for the relief of the symptoms of hangovers and the prevention of liver disease.
Even licensed products for overindulgence have been found to breach the Code. In 2001, The Portman Group complained about an advertisement, for a medicine called “Alka XS Go”, that claimed “go out, have a laugh be alright”. The ASA considered that the claim, coupled with the product name, irresponsibly encouraged consumers to drink excessively (Bayer plc, 1 May 2002). So marketers are urged to consider carefully an approach that markets a product on the basis that it could prevent or cure a hangover.
Last modified : 26 July 2010