An internet advertisement used to promote Bright Eyes Eye Drops For Glaucoma has breached sections of the Advertising Code, according to the Australian Therapeutic Goods Association (TGA).
The advertisement, which ran in June 2013 featured the headline “Bright Eyes Eye Drops For Glaucoma” followed by the subhead “Control and medicate ‘The Sneak Thief of Sight’”.
A complainant who remains anonymous objected to the advertisement, citing that it breached sections 4(2)(b), 4(2)(c) and 4(6)(b) of the Code.
According to a report released by the TGA, “the complainant alleged that the advertisement gave rise to the misleading inference that most people who use this product will see a significant improvement; and that the advertisement contained misleading representations, namely ‘Australian research has shown that as many as 76 per cent of Australians are unaware of glaucoma and the risk to eyesight and vision that the condition represents.
The TGA insisted that Ethos Eyes publish a retraction, withdraw representations made and withdraw the advertisement
Glaucoma affects over 310,000 people in Australia alone, that is one in eleven Australians who will develop glaucoma’; and ‘early diagnosis can help slow the progression of the condition using Ethos Bright eyes to minimise loss of vision’. The ingredients and their concentration were also questioned.”
Additionally, the TGA’s panel found the ad breached 42DL(1)(g); 4(1)(b), 4(2)(a) and 4(2)(c), 4(2)(b), 5(2) and 6(3) of the Code. Chief among concerns were that the advertiser had promoted Bright Eyes for therapeutic use despite the fact that the product is not included in the Australian Register of Therapeutic Goods; that the advertisement could potentially lead to self-diagnosis or inappropriate treatment of potentially serious conditions; and that the advertisement lacked some mandatory information including a full list of the active ingredients of the advertised products and the statements “always read the label”, “use only as directed” and “if symptoms persist see your healthcare professional”.
In the absence of any evidence from the advertiser, the panel was satisfied that the advertisement contained many representations that had not been verified, were not correct and balanced, were likely to arouse unwarranted expectations, and were misleading, in breach of these provisions. These included the representations outlined in paragraph 15 above.
The TGA insisted that Ethos Eyes publish a retraction, withdraw representations made and withdraw the advertisement.
Misleading Statements
The Bright Eyes advertisement stated that Bright Eyes Eye Drops, distributed by Ethos Eyesight, could be used for glaucoma and stated:
• “Glaucoma affects over 310,000 people in Australia alone, that is one in eleven Australians who will develop glaucoma.”;
• “Glaucoma is the leading cause of vision damage and blindness in Australian’s (sic)”;
• “If you don’t treat your eyes with eye drops you may or will develop nerve damage at a relatively low pressure”;
• “Early diagnosis can help slow the progression of the condition using Ethos Bright eyes to minimise loss of vision”;
• “The recommended course of treatment is to use one box containing 2 x 5ml bottles a week, for a period of six weeks with 80 per cent of patients report seeing significant improvements within this time frame”;
• “Eye drops as a course of medication is recommend (sic) on all major Glaucoma websites including: Asian-Oceanic Glaucoma Society Australian and New Zealand Glaucoma Interest Group Royal Australian and New Zealand College of Ophthalmologists”;
• “Bright Eyes drops are safe to use”.
Additionally, the advertisement stated, “it is highly unlikely that your health professional will recommend NAC Glaucoma eye drops as most still haven’t heard about them yet and, even if they have, are (SIC) they are pre-programmed to go along with the standard recommendations of using drugs that can have adverse side-effects. So we strongly suggest that you do your own due diligence and research on NAC Glaucoma eye drops, from all of the information which is readily available on the internet, and then draw your own conclusions and make a much more informed decision as to which option you personally feel is best for you and your loved ones.”
In addition to marketing Bright Eyes Eye Drops for Glaucoma, Ethos Eyes markets Bright Eyes Eye Drops for dogs with cataracts and Bright Eyes Eye Drops for people with cataracts.
