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Therapeutic Claims Must Be Substantiated

The Brand Developers television advertisement for Power fit–Power Legs shows images of varicose veins and other leg problems including restless legs and poor circulation. It suggests the Power Legs product can “make these frustrating embarrassing persistent problems disappear.”

Two complainants were concerned the advertisement was misleading as it claimed the product could make varicose veins and other leg problems disappear.

The advertiser responded and confirmed approval by the Commercial Approvals Bureau (CAB). The CAB responded they did not consider the Advertiser was making implied therapeutic claims.

The Complaints Board upheld the complaint. While the advertiser provided a revised advertisement during the complaints process that removed some therapeutic claims, the amended version continued to contain implied claims the device would treat various leg conditions, including varicose veins. The Complaints Board said the proposed amendments to the advertisement were not sufficient to prevent the advertisement from suggesting an implied therapeutic benefit and agreed that in the absence of adequate substantiation, the advertisement was likely to be misleading to some consumers.

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