The Mushroom Powders Brand Dirtea has removed its adverts from Instagram and Facebook following a ruling by the ASA. The advertising code was breached in the February 2023 posts, and the company has committed to not using them again in the future.
The Instagram campaign included five posts on the Dirtea Instagram page, each promoting different mushroom powders, along with a paid-for Facebook ad.
The first Instagram post featured a video testimonial from a woman endorsing reishi mushroom for anxiety relief and improved sleep. Similarly, the second post highlighted lion’s mane mushroom and its potential in repairing nerves and supporting conditions like dementia and Alzheimer’s. The third post focused on cordyceps mushrooms and implied benefits in energy, endurance, hormone balance, and libido enhancement. The fourth post claimed remarkable effects of Chaga mushrooms on the skin, while the fifth post recommended reishi mushrooms for anxiety management.
The ASA ruled that the claims made regarding anxiety, dementia, ADHD, Alzheimer’s, hormonal issues, skin conditions, and flu defense were likely to be interpreted as medical claims.
Kristy Coleman, partner at Greengage LLP, emphasized the importance of brands understanding their legal obligations to consumers when advertising online. Brands should not mislead consumers, whether directly or indirectly.
The co-founders of Dirtea, Andrew and Simon Salter, have acknowledged the failure of compliance with the relevant ASA guidelines and have removed the content accordingly. They have committed to adhering to ASA guidelines in all future communications. The claims made in their advertising are based on scientific studies, customer feedback, and positive stories shared by the DIRTEA community.
Dirtea has assured compliance with the advertising code for future campaigns, promising not to make claims that imply their products can prevent, treat, or cure human diseases.
Adhering to the CAP code is crucial, as Coleman explains. The Advertising Standards Authority administers and endorses the Codes written by the Committee of Advertising Practise. The CAP Codes supplement the law and provide guidance where necessary.
Unlike broadcast media, social media does not require pre-clearing of ads. Brands are responsible for ensuring their ads and communications on social media comply with the law and the CAP Codes. Coleman advises brands to familiarize themselves with the CAP Codes and seek professional advice if needed.
In conclusion, Dirtea has taken the necessary steps to comply with the ASA ruling and ensure future campaigns adhere to the advertising code. By understanding their legal obligations and seeking professional guidance, brands can avoid misleading consumers and maintain compliance in their advertising efforts.