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.
Horny Goat Weed is the generic or common name for a medicinal herb traditionally used as an aphrodisiac. Its botanical name is Epimedium sagittatum. To date, neither CAP nor the ASA has seen evidence to prove that it has such an effect and marketers wanting to advertise the product should do so on an availability-only platform; they should make no direct or implied claims about its purported aphrodisiac effect.
Furthermore, the Medicines and Healthcare product Regulatory Agency (MHRA) has stated that Epimedium sagitattum is known to have medicinal uses and including it in a product may well lead to the product being classified as a medicine. Claims that the herb might rectify flagging sexual function might also render the product medicinal by presentation. Medicinal claims are those that suggest the product can treat or prevent a disease or restore, correct or modify physiological functions in human beings, as well as those that refer to interference with the normal operation of physiological function. If the MHRA classes a product as medicinal, either by function or presentation, advertisers need to obtain a marketing authorisation from the MHRA before selling that product in the UK (Rule 12.11). Marketers that are unsure can talk to the Borderline Section at the MHRA or check on the Agency’s website at www.mhra.gov.uk under Borderline/How the MHRA determines whether a product is medicinal.
If a product name amounts to an implied claim, CAP generally asks marketers either to change the name of the product or to include a disclaimer explaining that the implied effect is unproven (see ‘Claims in Names). Marketers are, however, allowed to use the generic name and the MHRA has disapproved of the inclusion of a disclaimer along the lines of “This product is not a proven aphrodisiac”. CAP therefore advises marketers to include a less specific disclaimer, one that does not refer to sexual stamina or performance, for example “The efficacy of this product has not been proven” or “This product has not been proven to work”.
Last modified : 30 July 2010