Actegy Ltd, R (on the application of) v The Advertising Standards Authority Ltd & Anor

Actegy Ltd, R (on the application of) v The Advertising Standards Authority Ltd & Anor

The ASA's evidentiary requirements for substantiating efficacy claims in medical device advertising are consistent with EU law, the CAP Code, and accepted scientific practice; CE certification does not automatically substantiate advertising claims; the ASA's decision was rational, proportionate, and lawful.

Parties
Claimant: Actegy Limited; First Defendant: Advertising Standards Authority Limited; Second Defendant: Independent Reviewer of Advertising Standards Authority Rulings
Jurisdiction
England and Wales
Judgment Date
09 September 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review of Regulatory Decisions, Misleading Advertising, Medical Devices Regulation, Proportionality, Competition Law
Administrative Law EU Law Consumer Protection Judicial Review of Regulatory Decisions Misleading Advertising Medical Devices Regulation Proportionality Competition Law

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Parties

Actegy Limited

Claimant

Advertising Standards Authority Limited

First Defendant

Independent Reviewer of Advertising Standards Authority Rulings

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the ASA's decision breached EU law principles of proportionality and free movement of goods
  2. 2 Whether the ASA applied an irrational or disproportionate evidentiary standard for substantiating efficacy claims
  3. 3 Whether CE certification under the Medical Devices Directive is sufficient to substantiate advertising claims

Ratio Decidendi

The ASA's evidentiary requirements for substantiating efficacy claims in medical device advertising are consistent with EU law, the CAP Code, and accepted scientific practice; CE certification does not automatically substantiate advertising claims; the ASA's decision was rational, proportionate, and lawful.

Court Disposition

Claim dismissed