Over 170 UK-based web sites were identified as potentially misleading during the internet sweep. More than a third of these promoted slimming and weight loss cures, while others offered treatments for cancer, arthritis, sexual performance and hair loss.
John Vickers, Director General of Fair Trading said:
“The OFT will pursue businesses who mislead customers with bogus health claims. Consumers should remember that if something sounds too good to be true, it probably is.”
The sweeps were conducted under the auspices of the International Marketing Supervision Network (IMSN). The IMSN is an international network of enforcement authorities in 30 countries. Its main objective is to take action to prevent and redress deceptive marketing practices with an international component.
The UK Medicines Control Agency's primary objective is to safeguard public health by ensuring that all medicines on the UK market meet appropriate standards of safety, quality and efficacy. The advertising of medicines is controlled by a combination of statutory measures enforced by the MCA and self-regulation through Codes of Practice for the pharmaceutical industry, administered by trade associations.
In addition, Trading Standards Authorities enforce the Trade Descriptions Act 1968. Under the Act, it is a criminal offence for a trader to make false statements about goods offered for sale.
Under the Control of Misleading Advertisements Regulations 1988, the Director General of Fair Trading can apply to the High Court for a court injunction preventing the further publication of a misleading advertisement. The Director General's role under the Regulations is to support and reinforce the existing advertising controls.
Since 1st June 2001, the Stop Now Orders (EC Directive) Regulations of 2001 have provided a stronger mechanism for enforcing existing consumer protection legislation emanating from European Directives. This includes law on misleading advertising. The new powers provide the OFT, trading standards authorities and certain other specified bodies (known as Qualified Entities) with a potentially speedier means of taking civil action against traders to stop them from infringing laws and harming the collective interests of consumers.