COMPLAINT NUMBER
14/224
COMPLAINANT
C. Woolley
ADVERTISER
Baa Baa Beads
ADVERTISEMENT
Baa Baa Beads Website
DATE OF MEETING
27 May 2014
OUTCOME
Upheld
SUMMARY
The Baa Baa Beads website advertisement (www.baabaabeads.co.nz) for amber bead
teething necklaces said, in part: “In contact with your baby's skin, the amber warms and the
beads release healing oils to help calm and sooth babies and toddlers through the
discomfort of teething.” The FAQ section of the website said: “Amber has known antiinflammatory properties, which is the natural form of succinic acid… energy balance at the
cellular level... proven the equal or better of many commercial drugs...”
The Complainant said the website was misleading and made false claims regarding the
benefits of amber bead necklaces for teething children.
The Complaints Board noted the Advertiser had failed to respond to the complaint and no
substantiation was provided for the strong therapeutic claims made on the website. The
advertisement therefore was likely to mislead consumers and was socially irresponsible.
Taking into account the precedent decision (13/229), the Complaints Board held the
advertisement was misleading in breach of Part B2 Requirements 4 and 4(a) and therefore
had not been prepared with the high standard of social responsibility required for products
with intended therapeutic use, effecting a breach of Principles 2 and 3 of the Therapeutic
Products Advertising Code. Accordingly, the Complaints Board ruled the complaint be
Upheld.
[Advertisement to be removed]
Please note this headnote does not form part of the Decision.
COMPLAINTS BOARD DECISION
The Chairman directed the Complaints Board to consider the advertisement with reference
to Principle 2 and 3 and Part B2 Requirement 4 and 4(a) of the Therapeutic Products
14/224
Advertising Code. The Complaints Board was required to consider whether the
advertisement was truthful, balanced and not misleading and whether the claims have been
substantiated and if the advertisement observed a high standard of social responsibility to
consumers and society.
The Complainant said the website was misleading and made false claims regarding the
benefits of amber bead necklaces for teething children.
The Complaints Board noted that despite several attempts requesting Advertiser to respond,
they did not submit a response to the complaint.
The Complaints Board turned to precedent Decision (13/229) concerning the same
Advertiser and product, which stated, in part:
“The Complaints Board held that stating such a wide range of benefits, including
reduction in pain and inflammation associated with teething, ear aches, fevers,
upset tummies, a lack of appetite and “dramatically improving the body’s immunity”
required significant substantiation.
The Complainants Board noted the Advertiser had not presented sufficient
information to substantiate the claims made in the advertisement. It said the
research confirmed Succinic acid was found in amber and had links to health
benefits, but the research did not support claims that such benefits could be felt from
the wearing of amber beads. While it acknowledged that some evidence had
submitted, the research provided did not adequately show that wearing the beads
could produce any of the positive effects or benefits listed on the website.
In the absence of adequate substantiation provided in the response, coupled with the
level of claims being made, the Complaints Board considered the advertisement was
misleading, and the claims in the advertisement had not been proved to its
satisfaction. It also considered the advertisement did not observe the high standard
of social responsibility required given the target audience was entitled to rely on the
veracity of the claims.”
Turning to the advertisement before it, the Complaints Board considered the claims “Amber
has known anti-inflammatory properties, which is the natural form of succinic acid… energy
balance at the cellular level... proven the equal or better of many commercial drugs...” that
were made on the website were strong therapeutic claims that required substantiation.
Noting the Advertiser had failed to respond to the complaint and no substantiation was
provided for the claims made on the website, the Complaints Board said the advertisement
was likely to mislead consumers and was socially irresponsible.
Taking into account the precedent decision (13/229), the Complaints Board held the
advertisement was misleading in breach of Part B2 Requirement 4 and 4(a) and therefore
had not been prepared with the high standard of social responsibility required for products
with intended therapeutic use, effecting a breach of Principles 2 and 3 of the Therapeutic
Products Advertising Code.
Accordingly, the Complaints Board ruled to uphold the complaint.
Finally, the Complaints Board noted that the Therapeutic Advertising Pre-Vetting Service
(TAPS) was a user-pays service available to all advertisers making therapeutic claims to
help minimise the risk of breaching the ASA Codes of Practice as well as other industry
codes and relevant legislation. Information about TAPS is available at www.anza.co.nz.
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14/224
DESCRIPTION OF ADVERTISEMENT
The Baa Baa Beads website advertisement (www.baabaabeads.co.nz) for amber bead
teething necklaces said, in part:
“In contact with your baby's skin, the amber warms and the beads release healing
oils to help calm and sooth babies and toddlers through the discomfort of teething.”
The FAQ section of the website said:
“Amber has known anti-inflammatory properties, which is the natural form of succinic
acid… energy balance at the cellular level... proven the equal or better of many
commercial drugs...”
COMPLAINT FROM C. WOOLLEY
My objection to this website is that it misleads and makes false claims regarding the benefits
of amber bead necklaces for teething children.
The website claims that "In contact with your baby's skin, the amber warms and the beads
release healing oils to help calm and sooth babies and toddlers through the discomfort of
teething."
No evidence is provided to support this claim but the website does have a link to some
misleading abstracts on the benefits of succinic acid (the supposed active ingredient).
In the 'FAQ' section the website claims: "Amber has known anti-inflammatory properties,
which is the natural form of succinic acid."
It goes on to quote a Dr. Veniamin Khazanov who makes some dubious claims including
how succinic acid restores "...energy balance at the cellular level" and goes on to make the
dangerous comment that it has "...proven the equal or better of many commercial drugs...".
This is once again 'supported' by some more confusing and misleading science.
THERAPEUTIC PRODUCTS ADVERTISING CODE
Principle 2 – Advertisements must be truthful, balanced and not misleading. Claims
must be valid and have been substantiated.
Principle 3 – Advertisements must observe a high standard of social responsibility
Part B2 Requirement 4 – Advertisements must not directly or by implication,
omission, ambiguity, exaggerated claim or comparison:
(a) mislead or deceive, or be likely to mislead or deceive
RESPONSE FROM ADVERTISER, BAA BAA BEADS
No response received after attempts were exhausted.
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