Le Tissier, Hartson and Fowler given ticking off by advertising watchdog over Supreme CBD social media ads

Matt Le Tissier, John Hartson and Anthony Fowler have been rapped by the Advertising Standards Authority (ASA) over social media posts promoting CBD products.

The advertising watchdog upheld complaints relating to posts about Supreme CBD by the trio of former sports stars for failing to disclose they were advertisements and “making health claims about a food product”. 

City A.M. revealed last year that posts former footballers including Hartson and Le Tissier and ex-boxer Fowler, who owns Supreme CBD, were under investigation by the ASA.

Supreme CBD ads

The ASA’s judgement, published today, states that the trio’s tweets were not clearly identifiable as marketing communications and that there were commercial deals in place with both Hartson and Le Tissier. They and Fowler have been told to label any future posts accordingly and refrain from making claims about products’ health benefits.

The judgement states: “We told Supreme CBD, Anthony Fowler, John Hartson and Matt Le Tissier to ensure their future ads were obviously identifiable as marketing communications, and that identifiers such as ‘#ad’ were used and were clearly and prominently displayed.

“We also told them to ensure their future ads did not state or imply that the products could prevent, treat or cure human disease.”

Hartson admitted in his response to questions by the ASA that in some instances his tweets made claims that he could not substantiate. One post stated: “Hello Dave tell your Mrs I’ll buy her a box to help with her anxiety, @supreme_cbd is changing people’s lives for the better, I’ll DM you details [thumbs up emoji]”.

Le Tissier’s May post stated: “I’ve been very sceptical of a lot of things including @supreme_cbd when it was first recommended to me, but it’s honestly a game changer for people with anxiety/depression, any aches/pain or insomnia.”

All three claims – relating to a lack of declaration over adverts and their claims to cure anxiety and insomnia – were upheld by the ASA.

Expert take

“It was quite an open-and-shut case when it comes to the lack of disclosure,” Geraint Lloyd-Taylor, partner and co-head of advertising and marketing at law firm Lewis Silkin, said. “It’s clear that the disclosures weren’t adequate, and it’s something the Advertising Standards Authority is very hot on. So, it’s no surprise the ASA upheld the complaints around inadequate disclosure.

“The more interesting aspect is that it’s a reminder that influencers, celebrities and social talent, much like advertisers themselves, have to be very careful about making unauthorised health and wellness claims.

“In particular, they should be very careful if they are going talk about the potential health benefits of certain foods and supplements. Claims that a particular food or supplement can prevent, treat or cure certain medical conditions, like anxiety, depression and insomnia, are generally not allowed, though it’s possible to make some limited claims about certain products that have certain ingredients, if they are done properly.

“Influencers and celebrities must be very careful about dabbling in those types of claims, and should take professional advice before they go down that path to make sure they stay on the right side of the line, and don’t get themselves and the brands they represent into trouble.”