ASA Adjudication on All About W8 Ltd

Ad

LighterLife UK Ltd complained about a national press ad and a regional press insert for the Weight-Matters (now known as All About W8) weight loss programme: a. The national press ad stated "Weight-Matters is a new weight loss and weight management programme designed for males and females whose BMI is over 25 and have between one and ten stone to lose ... LOSE 3 to 4 Stone in 12 weeks ...". b. The insert stated " ... ONLY 12 WEEKS TO A NEW YOU! LOSE 3-4 STONE IN 12 WEEKS ... This programme has been designed for people who wish to reduce their weight quickly, safely and effectively, using a VLCD [very low calorie diet] ... Most people that follow one of our programmes will lose approx 3-4 stone in 12 weeks (over 1 stone per month) or if you just want to drop a dress a size [sic], 2 weeks! ... Are the meetings all women? No, 50% of men are overweight and 23% are obese ... Obesity is a common problem for both sexes and our meetings are about reducing your weight, whoever you are! ... Get away from always being on a diet, yo-yoing from week to week, month to month, trying everything but nothing really works, worrying about what you can and can't eat, still binging. Weight-Matters programmes stop this in its tracks, and you will start to lose weight in a positive effective and healthy way, but FAST, see results after a few days. The Heart has to work harder to pump the blood around the body of an obese person, this can increase your blood pressure ... Obesity Statistics Every 18 minutes someone dies of an obesity related disorder and it has now been proved that it shortens your lifespan by 9 years. Act Now! Do it for you and your family ... Our scientifically proven, fully nutritional meal-packs, can be changed from soups and shakes, to crisps, muffins, bars, mousse and lots more ... Who are Weight Matters Consultants? They are ordinary people, who have come from a variety of backgrounds, nurses, business people, housewives and teachers ... They have gone through an accreditation process and operate under a strict code of conduct ...". The ad included three testimonials: the first, from "Joe Wilmer" of "Cheshire", stated "I couldn't believe it. I lost 2.5 stone in 4 weeks with no exercise. I felt great and I love the products ..."; the second, from "Paul & Anna Sharky" of "Nantwich, Cheshire", stated "We lost 26lbs between us in week 1, it will only take us a matter of weeks to be in our healthy BMI range! ..."; the third, from "Mark" of "Nantwich, Cheshire", stated "With over 5 stone to lose, I thought it would take forever, week one 1 stone 5lbs, hope to be in my healthy BMI within 2-3 months. Great easy to follow plan. No hunger, at last something that works for men, not just females."

Issue

1. LighterLife UK Ltd thought the claim "LOSE 3 to 4 Stone in 12 weeks" in both ads was problematic; they pointed out that the Code stated that marketing communications should not contain claims that people could lose precise amounts of weight within a stated period.

The ASA challenged whether:

2. the ads, particularly the testimonials, were irresponsible, because they encouraged a rate of weight loss that might be damaging to health;

3. All About W8 were suitably qualified to offer treatments for obesity;

4. the ads were irresponsible, because they did not encourage consumers to seek medical advice before starting on a VLCD programme;

5. All About W8 could substantiate the claim in ad (b) that their products were "scientifically proven";

6. All About W8 could substantiate the implication in ad (b), particularly from the claim "fully nutritional", that their diet plans were nutritionally well-balanced for the people using them;

7. the testimonials in ad (b) were genuine and could be supported with independent evidence of their accuracy;

8. ad (b) misleadingly implied the weight loss programme was guaranteed to work; and

9. the Joe Wilmer testimonial in ad (b) irresponsibly implied it was possible to lose weight with All About W8 without exercising.

CAP Code (Edition 11)

Response

All About W8 submitted a sample client screening form, testimonials from clients, their Business Manual, clients progress records and details of the contents of three of their products: Vegetable Soup mix, Chocolate Shake Mix and SternVit vitamin and mineral premix.  They said the ads were no longer running and had been replaced with amended versions.

All About W8 explained that, although other VLCDs required the participant to stop eating food and to drink only liquid meals for 12-14 weeks, theirs did not.  They said clients took four meal packs (shakes or soups) daily on all their programmes and could also add other food, from a food list designed with low carbohydrate content but where the calories were increased with low fat, at various times in varying amounts depending on the chosen programme.  They believed combining VLCDs with food was the safest, most effective and most realistic approach to losing weight.  They said combining VLCDs with food took clients to over 800 calories per day.

1. All About W8 believed it was quite possible to lose three to four stone in 12 weeks on a VLCD, even if the programme was combined with food intake.  Until they were notified of the complaint, they were unaware that they could not state in their advertising that people could lose precise amounts of weight within a stated period if that was in fact being achieved.  However, upon realising the claim was problematic they decided to remove it from their advertising.

2. They said their programme was safe and successful because the metabolism did not slow down and most of the typical side effects of VLCDs, such as hair loss and problems with re-introduction to eating, did not occur.

3. & 4. All About W8 said their consultants had three days of intensive training with follow-up training throughout the year.  They stated that all their clients had to complete a screening form before starting any of their weight loss programmes.  The form asked clients to declare whether they were pregnant or breast-feeding, whether they had had a heart attack, stroke, accident or operation in the last three months and whether they had certain medical conditions such as epilepsy, anorexia or severe depression.  If a client answered yes to any of those questions, they could not follow any All About W8 programme.  The form then asked clients to declare whether they were taking prescribed medication.  If they were, their GP needed to sign the form, because certain medications needed to be reduced, monitored or stopped as the patient lost weight.

All About W8 said clients could order meal packs online each week if they completed a weekly update and had contact with a consultant or a customer support member.

5. All About W8 said they would make clear in future that the claim "scientifically proven" referred to VLCDs, which had been extensively researched.  Their Business Manual referred to VLCD research and named some studies.  However, they did not send any primary evidence to substantiate the claim.

6. They asserted that four of their meal packs provided 100% of the recommended daily amount of vitamins, over 50g of protein and 48g of carbohydrates.  They said they had worked with senior nutritionists to blend their products, which contained natural ingredients and flavourings.

7.  They did not send any evidence relating to "Joe Wilmer" of Cheshire, "Paul & Anna Sharky" of Nantwich, Cheshire or "Mark" of Nantwich, Cheshire.

8.  All About W8 said they gave no guarantees about weight loss because each client was different and would lose weight at a different rate; they said they would make that clear in their advertising from now on.

9. They argued that Jo Wilmer did lose weight without exercising but they had nevertheless decided not to include his testimonial in their marketing literature any more.  They emphasized that exercise was vital for long-term health and was introduced in week five of their weight loss programme.

Assessment

1. Upheld

The ASA considered that the statement "LOSE 3 to 4 Stone in 12 weeks" breached the Code, because it claimed a precise amount of weight loss within a specific period.  We welcomed All About W8s decision to remove that claim from their advertising.

On this point, the ads breached CAP Code clause 51.9 (Weight control).

2. Upheld

We noted the Code stated that, for those who were obese, a rate of weight loss greater than 2lbs per week in the early stages of dieting might be compatible with good medical and nutritional practice but, for those who were normally overweight, a rate of weight loss greater than 2lbs per week was unlikely to be compatible with good medical and nutritional practice.  We considered the ads were aimed at readers who were either overweight or obese and the claim "LOSE 3 to 4 Stone in 12 weeks" promoted weight loss at a rate of approximately 3.5 to 4.5lbs per week.  We also noted the testimonials referred to one client losing "2.5 stone in 4 weeks", two further clients losing 26lbs between them in the first week of the programme and a fourth client losing "1 stone 5lbs" in the first week of the programme.  We considered that the ads, particularly the testimonials, were irresponsible, because they encouraged a rate of weight loss that might be damaging to health.

On this point, the ads breached CAP Code clauses 2.2 (Responsible advertising) and 51.10 (Weight control).                                                                                                                                                                                                              

3. Upheld

We noted people who declared certain medical conditions were excluded from All About W8 programmes.  We also noted people who declared they were on prescribed medication needed their GP to sign the screening form before they could start the programme; if the GP did not sign the form, the client could not use any All About W8 programmes that provided fewer than 1000 calories per day.

However, we understood that obese clients who did not declare the listed medical conditions and who did not state that they were on prescribed medication were able to start the programme without consulting their GP, although they were advised to contact him/her.  We noted that a doctor, or someone with similar qualifications, did not assess and supervise obese clients throughout the All About W8 programmes; the consultants referred to in ad (b) were trained by All About W8 and were not subject to regulation by a statutory or recognised medical or health professional body.  In addition, we were concerned that it was possible for clients to participate in the weight loss programme without any face-to-face contact with a consultant; they could complete the client screening form online and order meal packs online or from a consultant.  We concluded that All About W8 had not demonstrated that their treatments for obesity were always carried out under suitably qualified medical supervision.

On this point, the ads breached CAP Code clause 51.2 (Weight control).

4. Upheld

We considered that the ads, which promoted a VLCD programme, ought to state prominently that all consumers should seek medical advice before embarking on a VLCD.  Because they did not, we concluded that they were irresponsible.

On this point, the ads breached CAP Code clauses 2.2 (Responsible advertising) and 51.7 (Weight control).

5. Upheld

We considered that the claim "our scientifically proven ... meal-packs" implied All About W8s own products were scientifically proven; we considered readers were unlikely to interpret the claim as referring to VLCDs in general.  Regardless, All About W8 had sent no primary research, involving the results of rigorous trials on people, to show that VLCDs in general or their own specific products were scientifically proven.  We concluded that they had not substantiated the claim.

On this point, ad (b) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 51.1 (Weight control).

6. Upheld

Although All About W8 had sent information about the ingredients of three of their products, those did not constitute the whole diet.  They sent no evidence to show that the calorific value and nutritional content of the diet plan were tailored to individuals; it seemed that all clients received four meal packs per day, which gave them around 440 calories, regardless of their weight and medical history.  We concluded that All About W8 had not sent evidence to show that their diet plans were nutritionally well-balanced for the people using them.  

On this point, ad (b) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 51.5 (Weight control).

7. Upheld

Although All About W8 had submitted several client testimonials, none of them were from the individuals referred to in ad (b) and, moreover, they sent no independent evidence to prove that the testimonials in the ad were genuine and accurate.

On this point, ad (b) breached CAP Code clauses 3.1 (Substantiation), 14.1 and 14.3 (Testimonials and endorsements).

8. Upheld

We considered that ad (b), particularly the claim "Get away from always being on a diet, yo-yoing from week to week, month to month, trying everything but nothing really works, worrying about what you can and cant eat, still bingeing.  Weight-Matters programmes stop this in its tracks, and you will start to lose weight ... FAST", suggested the weight loss programme was guaranteed to work.  Because the success of the programme would vary from person to person, we considered that implication was misleading.  We also noted the Code stipulated that marketing communications should not give the impression that dieters could not fail.  

On this point, ad (b) breached CAP Code clauses 7.1 (Truthfulness) and 51.8 (Weight control).

9. Upheld

We considered that, depending on their weight, eating habits and level of activity before they began the programme, if clients were consuming only 440 calories a day it was likely that they could, at least on a short-term basis, lose weight without exercising, although there was no guarantee that they would maintain the weight loss.  We considered, however, that it was irresponsible for marketers to imply weight loss without exercise was possible, because it was unlikely to be achievable unless a very low calorie diet was followed, and also because it could be seen as discouraging exercise, which was important for a healthy lifestyle.

On this point, ad (b) breached CAP Code clause 2.2 (Responsible advertising).

Action

The ad must not appear again in its current form.  We told All About W8 not to repeat the claim "LOSE 3 to 4 Stone in 12 weeks" or the rates of weight loss referred to in ad (b)s testimonials, to state in their advertising that medical advice should be sought before embarking on VLCDs, to ensure their advertising contained no direct or implied references to obesity and to remove the claims "scientifically proven" and "fully nutritional" and the testimonials from their advertising.  We also told them not to imply the weight loss programme was guaranteed to work or that it was possible to lose weight without exercising.

Adjudication of the ASA Council (Non-broadcast)