Promotion of HRI Good Mood tablets by The Herbal Research Company Ltd
Published 9 November 2023
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Dr Corbyn Ltd complained about advertisements for HRI Good Mood tablets by The Herbal Research Company Ltd, which were published on the company’s website and on an online retailer. The complainant alleged that the company did not comply with the rules and regulations pertaining to the marketing of Traditional Herbal Medicinal products (THMs).
MHRA upheld the complaint because the advertisements did not comply with the legal requirements for the advertising of THMs as outlined in Part 14 (Advertising) of the Human Medicines Regulations 2012 and as outlined in the MHRA Blue Guide, particularly appendix 1. While all the general rules about medicines advertising in the Regulations apply to THMs, there is an additional requirement to inform the consumer that the efficacy of the product for the stated indication is based exclusively on evidence of long-standing use as a traditional remedy. Any product claims must be clearly set in this context.
The complaint was also upheld because free samples of THMs were being provided to members of the public on the online vendor platform in exchange for product reviews. Regulation 293 of the Regulations prohibits the sale or supply of samples of medicinal products to any member of the public for promotional purposes.
The Herbal Research Company Ltd responded to accept that they and their 3rd-party partner had created copy beyond the scope of that permitted within the legal framework of the Human Medicines Regulations for advertising of a THM and of that of the supporting information in the MHRA Blue Guide.
They confirmed that they have stopped the provision of free samples of THMs to consumers and are making amendments to bring advertising copy into compliance. The company also committed to the implementation of training activities and new external processes for copy-checking of their promotional materials by an appropriate trade body for their THMs.