Advertising claims are a sensitive issue for oral care companies
The television advert for Arm and Hammer Enamel Care Sensitive claimed the product ‘will not just mask the problem [of sensitive teeth] but will fix it.’
It continued by stating that the toothpaste contained liquid calcium that ‘fixes the cause of sensitivity by sealing teeth and closing off exposed nerves’.
Medicinal claims
Church and Dwight’s competitor GlaxoSmithKline challenged the advert saying that such claims were medicinal in nature and should only be made if the company had authorisation from the Medicines and Healthcare Products Regulatory Agency (MHRA).
The MHRA confirmed that the claims made by Church and Dwight were medicinal and that no authorisation had been given.
For this reason the ASA concluded that the advert breaches the Advertising Standards Code and for this reason should not be broadcast until authorisation is gained.
In the UK the line between a cosmetic product and a medicine is ultimately drawn by the MHRA which takes into account both the formulation of a product and the claims made regarding its action and efficacy.
Church and Dwight said it had consulted with a dentist before penning the advert and had felt the claims were reasonable without authorisation; however it accepted that it was a matter of interpretation and ultimately one for the MHRA.
The oral care company is not the first to get into trouble for using advertising claims of a medicinal nature.
A sensitive issue
In fact GlaxoSmithKline were questioned last year for a print advert promoting its Sensodyne Total Care Extra Fresh Toothpaste.
The magazine adverts included the claim ‘Sensodyne has always been my first mode of treatment for sensitivity’ next to a photo of a doctor, and ‘Dentists recommend Sensodyne for sensitive teeth’.
Again the ASA concluded that the claims were of a medicinal nature and could only be used if marketing authorisation from the MHRA had been provided. As no authorisation had been given the ads were discontinued.
