Download Full Decision

COMPLAINT NUMBER
15/040
COMPLAINANT
D. Ryan
ADVERTISER
Wize Pet Supplies Ltd
ADVERTISEMENT
Wize Pet Flyer
DATE OF MEETING
10 March 2015
OUTCOME
Upheld
SUMMARY
The flyer for Canine Caviar dog food claimed it was: “The only alkaline-based dog food in
America specifically designed to reduce the risk of getting cancer.” The advertisement also
stated: “Dog food pH7.0 to 7.5 - reduces anaerobic activity.”
The Complainant said the Advertiser was required to substantiate the claims made.
The Complaints Board was of the view the research provided by the Advertiser to
substantiate the claims in the advertisement did not categorically confirm a link between
acidosis/inflammation and cancer the Advertiser was hoping to demonstrate.
The Complaints Board noted the acidosis/inflammation/chronic disease link was the subject
of a previous complaint that it Upheld (14/640) where the Advertiser did not categorically
confirm the link between acidosis, inflammation and disease or prove its claims that the
product in that case, electrolysed hydrogen water, could help create an alkaline environment
that in turn would help prevent inflammation that would lead to chronic disease.
The Complaints Board said the statement that the food is “specifically designed to reduce
the risk of getting cancer” was a similar claim. And, similar to its findings in (14/640) the
Complaints Board said the Advertiser did not provide substantiation that categorically
supported the claim that an alkaline–based dog food could reduce the risk of cancer in
humans or dogs or that the product reduced anaerobic activity in dogs.
The Complaints Board ruled the complaint was Upheld.
[Advertisement to be removed]
Please note this headnote does not form part of the Decision.
15/040
COMPLAINTS BOARD DECISION
The Chairman directed the Complaints Board to consider the advertisement with reference
to Basic Principle 4 and Rule 2 of the Code of Ethics. This required the Complaints Board to
consider whether or not the advertisement contained anything which, either directly or by
implication, was likely to deceive or mislead the consumer and if it had been prepared with a
due sense of social responsibility to consumers and to society.
As in all cases, the Complaints Board said that where a claim in an advertisement was
challenged by a Complainant, the onus fell on the Advertiser to provide the Complaints
Board with substantiation of that claim.
The Complaints Board then turned to the response from the Advertiser and noted where it
stated: “In short, keeping cells healthy within the dog’s body should be helpful in providing a
less desirable environment for cancer and other diseases to take hold.”
The Complaints Board confirmed that its role, in considering the advertisement, was not to
be an arbiter of scientific fact. It confirmed that rather, its role was to consider the
advertisement, and the claims made in it from the perspective of their likely audience. It then
had to consider the information provided to it and decide, when taken at face value, whether
in its mind, this information went far enough to substantiate the claims made in the
advertisement. It also noted that the onus fell on the Advertiser to substantiate the claims in
the advertisement.
Looking at the research provided by the Advertiser to support the claims about the product,
the Complaints Board noted the research did not categorically confirm a link between
acidosis/inflammation and cancer the Advertiser was hoping to demonstrate.
It noted the main substantiation was information from a self-treatment cancer website which
had minimal relevance to the complaint before it. In other cases, the Advertiser only provided
an abstract of a study rather than the study itself.
Of the studies that had appeared in respected peer-reviewed journals, the Complaints Board
said they were about diet-induced acidosis in humans not animals, or about acidosis and
bone disease, growth hormones and muscle development not cancer1 and the study that did
look at the link between diet-induced acidosis was inconclusive e.g. “…there are numerous
systemic pathways affected by diet-induced acidosis that may be cancer promoting, but a
causal role is poorly defined.”2
The Complaints Board noted the acidosis/inflammation/chronic disease link was the subject
of a previous complaint that it Upheld.
In Complaints Board Decision (14/640) the Advertiser claimed electrolysed hydrogen water
could assist in reducing acidosis that caused inflammation in the body that in turn caused
chronic disease. However, the Complaints Board said the research provided by the
Advertiser did not categorically confirm the link between acidosis, inflammation and disease
and said the Advertiser could not substantiate the claims the product in that case,
1
Schwalfenberg, G. K. 2012. The alkaline diet: Is there evidence that an alkaline pH diet benefits health?
Journal of Environmental and Public Health.
2
Robey, I. 2012. Examining the relationship between diet-induced acidosis and cancer Nutrition & Metabolism
9: 72.
2
15/040
electrolysed hydrogen water, could help create an alkaline environment that in turn would
help prevent inflammation that would lead to chronic disease.
Returning to the complaint before it, the Complaints Board said the statement that the food
is “specifically designed to reduce the risk of getting cancer” was a similar high level claim.
And, similar to its findings in Complaints Board Decision (14/640) the Complaints Board
said there was no research provided that categorically stated that an alkaline–based dog
food could reduce the risk of cancer in humans or dogs or that the product reduced
anaerobic activity in dogs.
Consequently, the Complaints Board said the advertisement was likely to deceive or
mislead consumers as to the benefits the food had for dogs’ health and, as such, said the
advertisement had not been prepared with a due sense of social responsibility to
consumers and to society. Therefore, the Complaints Board ruled the advertisement had
breached Basic Principle 4 and Rule 2 of the Code of Ethics.
Accordingly, the Complaints Board ruled to Uphold the complaint.
DESCRIPTION OF ADVERTISEMENT
The flyer for Canine Caviar dog food was headed The Canine Caviar Difference.” It claimed
it was: “The only alkaline-based dog food in America specifically designed to reduce the risk
of getting cancer, now introduces the only alkaline grain free formula! The advertisement
also stated: “Dog food pH7.0 to 7.5 - reduces anaerobic activity.”
COMPLAINT FROM D. RYAN
Canine Caviar flier breaks Principle 2 of the Advertising Code of Ethics when it says "The
only alkaline based dog food in America specifically designed to reduce the risk of cancer".
Alkaline diets do not help with reducing cancer, the American Institute for Cancer Research
says "Altering the cell environment of the human body to create a less-acidic, less-cancerfriendly environment is virtually impossible". They also say "What you eat can have a
profound effect on your cancer risk, but the acidity or alkalinity of foods is not important".
http://preventcancer.aic.org/site/News2?page=NewsArticle&id=13441
The flier also states "reduces anaerobic activity", I would like to see the citations to back up
that claim.
CODE OF ETHICS
Basic Principle 4: All advertisements should be prepared with a due sense of social
responsibility to consumers and to society.
Rule 2: Truthful Presentation - Advertisements should not contain any statement or
visual presentation or create an overall impression which directly or by implication,
omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to
deceive or mislead the consumer, makes false and misleading representation,
abuses the trust of the consumer or exploits his/her lack of experience or knowledge.
(Obvious hyperbole, identifiable as such, is not considered to be misleading).
3
15/040
RESPONSE FROM ADVERTISER, WIZE PET
In the article
http://preventcancer.aicr.org/site/News2?page=NewsArticle&id=13441
It is funny that they talk about cancer and acid-base balance when they say “What you eat
can have a profound affect on your cancer risk, but the acidity or alkalinity of foods is not
important” and then go on to say “making dietary choices that can truly affect your risk: Eat a
wide variety of vegetables, fruits, whole grains and beans; Limit consumption of red and
processed meats; Enjoy alcohol in moderation, if at all.” In other words be careful of eating
acidic food.
Further more:
By keeping in that pH. range is the prevention of acidosis which would aid in cancer taking
over the cells. Being that a higher pH level of 7.8 and over would create cell damage. In
short, keeping cells healthy within the dog’s body should be helpful in providing a less
desirable environment for cancer and other diseases to take hold.
Please also refer to
http://www.alkalizeforhealth.net/cancerselftreatment.htm
http://www.alkalizeforhealth.net/oxygen.htm
and further reading
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3571898/
http://www.ncbi.nlm.nih.gov/pubmed/20181434/
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3195546/
In simple terms as written by Jeff Baker (scientist);
To understand what pH Balance is, it is helpful to understand the nature of pH – acidity and
alkalinity.
The pH level is one of the most important balance systems of the body. The term pH stands
for “potential” of “Hydrogen.” It is the amount of hydrogen ions in a particular solution. Food /
Water (H2O) taken into the body eventually breaks down into H+ and OH-. When a solution
contains more H+ than OH-, it is acidic, vice versa it is alkaline.
The pH scale ranges from 1 to 14 with 7 being neutral. Below 7 is acidic and above 7 is
alkaline. The blood, lymph and cerebral spinal fluid in a dog’s body is genetically designed to
be slightly alkaline at 7.0 to 7.4 (6.1-6.4 for cats). In other words, the dog’s pH balance is
achieving pH of 7.0 to 7.4. When pH falls below that, tissues in the body are prone to
disease.
This is because tissues need oxygen to remain healthy but acidic environment prevents
oxygen from reaching the body’s tissue. For example, at a pH slightly above 7.4, cancer
4
15/040
cells become dormant and at pH 8.5 cancer cells will die while healthy cells will live. This has
given rise to a variety of treatments based on increasing the alkalinity of the tissues such as
vegetarian diet, the drinking of fresh vegetable juices, and dietary supplementation with
alkaline minerals such as Calcium, Potassium and Magnesium.
Finally;
Canine Caviar is “The only alkaline based dog food in America specifically designed to
reduce the risk of cancer.” This food is not a cure.
Canine Caviar does not claim to prevent cancer. They only claim that they are putting more
oxygen into the blood.
5