The encyclopedia · Advertising & PR · Marketing decision · 2024
Audiocalm promised to stop tinnitus 'in weeks' — SERNAC took it to court
Nov 2024: SERNAC denounced Swiss Nature Labs over Audiocalm's 'scientifically proven cure for tinnitus' — no evidence was ever produced; fines up to ~CLP 190M.
Swiss Nature Labs · 2024-11
What happened
Audiocalm, a supplement sold in Chile by Swiss Nature Labs, was advertised as 'the definitive, scientifically proven solution to stop tinnitus in just weeks' — also promising to eliminate ringing and stress, improve concentration, reduce anxiety attacks and fix hearing problems caused by vitamin deficiency. In March 2024 SERNAC, Chile's consumer service, asked the company to substantiate the claims. No evidence was produced.
In November 2024 SERNAC denounced Swiss Nature Labs before the courts for misleading advertising and lack of substantiation, asking the tribunal to order the advertising suspended and corrective messages published. The company faced fines of up to 2,850 UTM — roughly 190 million pesos. Audiocalm was the only brand formally denounced in SERNAC's 'miracle products' sweep; three others — a leg-pain gel, a fat-blocking supplement and wellness gummies — were ordered to produce evidence.
The mechanism is the lesson: health claims trigger a substantiation duty, and silence when the regulator asks is itself the evidence. The claim 'scientifically proven' without a study behind it is not marketing emphasis — it is the charge sheet.
Why it happened
- The ads promised a definitive, scientifically proven cure for tinnitus in weeks — with no science produced.
- SERNAC asked for substantiation in March 2024; the company never produced evidence.
- The denunciation asked the court to suspend the ads and order corrective messages, with fines up to 2,850 UTM.
The lesson
Health claims trigger a substantiation duty: when the regulator asks for the evidence and none appears, the claim itself becomes the charge — 'scientifically proven' without a study is not emphasis.
Aftermath
The judicial complaint proceeded through the Chilean courts; the case anchors SERNAC's line against 'miracle products' and is cited in its guidance on health-claim substantiation.
Sources
- La Tercera — Sernac denuncia a Swiss Nature Labs por publicidad engañosa y falta de comprobabilidad de producto
- Diario El Día — Sernac oficia a 3 empresas y denuncia a otra por sus 'productos milagro'
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