Like many, I'm partial to a cold, refreshing drink—especially if it promises a little more than just quenching my thirst. So, when I came across the ASA's recent decision on Trip Drink Ltd, the purveyors of CBD and magnesium-infused beverages, I was intrigued. Their "Mindful Blend" range, with its cucumber and mint concoction, promised not just flavour, but a sense of calm and even relief from anxiety and stress. But as the ASA's recent ruling makes clear, there's a fine line between clever marketing and misleading health claims, as well as medicinal claims for unlicensed products.
A Sip of Serenity?
TRIP's website, as seen in December 2024, was a masterclass in wellness marketing. The "Cucumber Mint - Mindful Blend Magnesium Drink" was front and centre, with images of sleek cans and bold text declaring "0g ADDED SUGAR." The ad didn't stop at nutrition: "Try me in the morning to help find some calm before a long day, or take a TRIP to unwind when work is over," it suggested. A striking claim followed: "95% of TRIP customers felt that Mindful Blend" made them feel calmer."
The ingredients list read like a who's who of the wellness world: magnesium citrate, lion's mane extract, ashwagandha root, L-theanine, and a medley of fruit juices. Under "Studies," the ad referenced research on magnesium's effect on serum cortisol, and a reel of headlines extolled the virtues of magnesium and lion's mane for anxiety and stress. The FAQs section doubled down, describing the range as "crafted for Calm" and "helping you relax into your best self."
Sugar, Science, and Stress
A complainant with expertise in chemistry and pharmaceutical science challenged the ad in relation to two issues, and the ASA took it upon itself to consider a third:
- Was the "0g added sugar" claim compliant with the CAP Code?
- Were the claims about reducing serum cortisol and promoting calm unauthorised health claims?
- Did the references to reducing anxiety and stress amount to prohibited medicinal claims?
When Wellness Claims Don't Hold Water
1. The Sugar Claim
The CAP Code is clear: only nutrition claims authorised on the Great Britain Nutrition and Health Claims Register are permitted. "No added sugar" is allowed, but only if the product contains no added mono- or disaccharides, or any other food used for its sweetening properties. If naturally occurring sugars are present, this must be made clear.
TRIP argued that their grape and apple juices were for flavour, not sweetening, and that the product was labelled as containing naturally occurring sugars. However, the ASA noted that in a cucumber and mint drink, the fruit juices (not named in the product title) would inevitably contribute sweetness. The guidance is explicit: if a juice is not a defining ingredient and adds sweetness, it counts. The ASA concluded that the "0g added sugar" claim did not comply with the conditions of use and breached the Code.
2. Health Claims: Calm and Cortisol
The ad implied that magnesium could reduce serum cortisol and that the drink would "help you feel calm." These are specific health claims, and under the CAP Code, only those authorised on the GB Register are allowed, which they are not, so the ASA found that these claims breached the Code.
3. Medicinal Claims: Anxiety and Stress
The Code strictly prohibits any suggestion that a food or drink can prevent, treat, or cure human disease – which are claims that can only be made for a licenced medicine. The ad's references to reducing anxiety and stress, and the claim that lion's mane is "all the rage for mental health," were deemed to imply treatment of disease. The ASA concluded that these claims also breached the Code.
A Recipe for Compliance
The ASA upheld all three complaints. TRIP was told to remove the offending claims and ensure future advertising steered clear of unauthorised nutrition and health claims, and any suggestion that their drinks could prevent, treat, or cure disease.
All's not well that ends badly
The TRIP case is a reminder that, in the world of wellness marketing, aspiration must be balanced with accuracy. The ASA's decision underscores the importance of sticking to the facts—and the law—when making claims about what a product can do. If you want to sell calm in a can, make sure your claims are as clean as your ingredients list. Otherwise, you might find yourself on the wrong side of the regulator, with your marketing claims left flat.
TRIP is well known as retailer of drinks infused with CBD, or cannabidiol, an extract from marijuana plant and is commonly advertised as a relaxant but which doesn't get you stoned. TRIP told the ASA they'd removed the offending claims, were auditing the remaining claims and taking external advice. Apart from the fact that it might have been wise to take the advice before they published their claims, rather than afterwards, if TRIP thought that was going to get them out of trouble with the ASA, they must have been high.
We told TRIP to ensure their ads did not make claims that a food or food supplement could prevent, treat or cure human disease. We also told them to ensure any nutrition claims complied with the conditions of use associated with the relevant claim on the GB Register, and that they did not use specific health claims that were not authorised on the GB Register.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
