Here's what they had to say:
A member of the public complained to the MHRA about the advertising of Duchy Herbals Echina-Relief Tincture and Duchy Herbals Hyperi-Lift Tincture which appeared on the Duchy Originals website from 24 January 2009. The complainant alleged that the advertising suggested that the products had been assessed for efficacy and was therefore misleading.
The MHRA upheld the complaint. Nelsons, the registration holder, on behalf of Duchy Originals agreed that they would amend their advertising and remove claims of efficacy from their website and all future advertising. Following delays in implementing the changes, Nelsons provided additional training to Duchy Originals staff on the legislative requirements.
These two products have been registered under the Traditional Herbal Medicines Registration Scheme as required by Directive 2004/24/EC on Traditional Herbal Medicinal Products. The MHRA, as UK regulator, is required to assess applications for traditional herbal medicinal products for safety, quality and evidence of traditional use. Efficacy of the product based on scientific data is not assessed, although the MHRA is required to refuse registration if efficacy on the basis of long established traditional use is not plausible.
Date case raised: 26 January 2009
Date action agreed: 30 January 2009
Date of publication: 20 March 2009
Hats off to the complainant!