ASA Adjudication on Wellform Ltd

Ad

A direct mailing for a slimming tablet had the headline "Making International headlines, 'A Revolutionary New Slimming Product'. Take 1 Tablet of SLIMSALL and Automatically Lose 2lbs. One a day burns off at least 14lbs in a week". Bullet-pointed text underneath stated "Without ... Miserable Diets; Stress Whilst Losing Weight; Special Exercises. You will ... Become thin in record time; See daily results that are 100% verifiable; Get the body of a supermodel". Boxed text underneath stated "100% Natural; 100% Safe; 100% Active; 100% Immediate; 100% Effective; 100% Long-lasting effect. Guaranteed to work in 24 hours or it costs you nothing". Text on the right-hand side of the ad stated "JUST 1 Slimsall tablet = a loss of 2lbs on the scales". Further text inside the mailing had the headline "Recommended For All Those Who Have Given up with their Metabolism & Dieting. Get ready now for the most significant weight control development in decades". Text next to an image of a graph depicting the potential and actual rate of weight loss over two days stated "One of the most successful series of laboratory tests ever, has been carried out on a new slimming product, designed to tackle obesity, was carried out in three countries (Italy, Germany and France) under the supervision of Germany's Dr Bernard Williams. Over a period of 6 years and many increasingly successful trials the results of combined tests of 447 people (319 women & 128 men, aged between 26 and 53) became available. Each of the 447 participants received the exact number of tablets to lose the number of pounds to reach their target weight. Every morning all the participants came to the testing centre to be weighed using the same scales in order to monitor individual progress". The mailing then summarised the results of the study. Boxed text above images of parts of the body being measured stated "Real Measurable Results from Just Day 1. Flattens your stomach; Thins and tones your thighs; Reduces heavy, flabby arms; Shrinks your bottom". Further boxed text stated "THE TEST WAS AN UNPRECEDENTED SUCCESS. Slimsall is the first slimming product to make you lose the exact number of pounds you want: not a pound less. This is because a single tablet corresponds to a 2 pound loss in a very short time. Natural fast and easy. Take this simple action once a day to make you lose all your surplus weight. It's easy ... one tablet with a glass of water, before your main meal ... that's all!". The mailing went on to state "Take just one tablet of Slimsall every other day, first thing in the morning, to benefit from non-stop around the clock active slimming agents. Through the stimulation of both lipolysis and thermogenesis, the disintegration of fat molecules, the regulation of your appetite, the stimulation of waste elimination, diminishing body sugar and fat absorption and general toning up of your body, you are guaranteed 2lbs daily weight loss. Slimsall will help prevent weight gain and activate the weight elimination process. Slimsall will stimulate and strengthen your metabolism in order to burn fat, calories and to lose excess weight and keep it off for months and years". Below were two boxes. The first featured an image of a woman with arrows pointing to parts of her body. Text stated "You will lose weight from these areas: Neck, Nape; Shoulders; Stomach; Waist; Tummy; Hips; Thighs; Knees; Ankles. Lose 5lbs in a weekend, 10lbs in 2 weeks and 20lbs in 20 days with Slimsall". The second box had the headline "LABORATORY TEST supervised by Dr Bernard Williams" and featured before and after pictures and weight-loss measurements for two women who had taken the product over a 21 day period. Both sets of pictures and measurements had the text "CERTIFIED! by Dr Bernard Williams. The test was carried out following the standard protocol using 'Double Blind' control methods". Text next to the pictures stated "Mrs J. W. (aged 46) lost 27.1lbs and inches from her body in just 13 days with the Slimsall Treatment ... Mrs C.J. (aged 38) lost 34lbs and inches from her body in just 17 days with the Slimsall Treatment". The back of the mailing featured two testimonials, including before and after photos, from two customers. The first testimonial, from Erica Perrone, stated "To get the job I needed I had to lose 2st: As soon as I entered the office I immediately felt there was a problem ... I was told 'you seem to be exactly the type of person we are looking for but we're really looking for a slim woman'! I had just 6 weeks to lose the weight or lose the job. I tablet per day and 3st 2lbs disappeared: When I got back home I remembered the treatment that a neighbour had taken which had helped her to lose 2st. What I'm about to tell you will undoubtedly surprise you but I lost 3st 2lbs in 6 weeks! The amazing feeling was that my body was transforming everyday. You feel the fat melting away, your stomach tightens, your skin tissue firms up and tones. It's almost as if you are wearing an ever shrinking wet suit! 6 weeks later I got the job and I never forget the intense joy I felt at that point. My life completely changed from that day on. Inside every overweight woman is an [sic] beautiful one waiting to get out. The staring that used to upset me in the past is now a genuine source of pleasure and I want to thank Slimsall from the bottom of my heart". The second testimonial, from Ellen Robedo, stated "I was so demoralised with my continuing weight gain I never wanted to leave the house. I couldn't even do things like housework so life was really getting to me. Luckily for me I came across Slimsall and at such a low point decided why not I can't feel any worse!! Just 4 weeks later and over 64lbs has simply disappeared! Thank you for my new gift of life!". A leaflet inside the mailing, from Dr Bernard Williams, stated "SLIMSALL. Mankinds [sic] Battle Against Unhealthy, Unwanted Fat Has Finally Been Won. I, Dr Bernard Williams, guarantee you will lose 5lbs in one weekend or you pay nothing ... Have you ever noticed that some people go through life eating whatever they want (often more than 5,000 calories per day), without ever gaining an ounce? Yet others who are always dieting can't manage to lose any weight at all, no matter what they try? ... Following eleven years of in-depth research, tests and thousands of clinical observations, I arrived at the following conclusions: Individuals who can eat anything they want, and as much as they want, without ever getting fat possess metabolisms which burn up all of the calories they consume. People who get fat, despite their normal (or even strict) diets, have metabolisms which simply fail to trigger their bodies to burn enough calories". The leaflet went on to give an example to illustrate that principle. Further text on the back of the leaflet stated "My key discovery: Fortunately my years of research has resulted in my being able to identify and isolate the necessary natural ingredients required to re-trigger the brain so you too can now have the metabolism of those lucky naturally thin people whose metabolisms allow them to eat anything without putting on lbs and lbs. What's most important is that once the trigger mechanism has corrected faulty metabolisms, my studies have shown the effects last a minimum of 2 years and an average of over 3. I should add at this stage that complete reversal of a faulty trigger typically takes between one and three months with factors of age, period of excess weight and amount of excess weight being the controlling elements. The great news is that it has never taken longer than three months in worst cases to wholly correct the trigger mechanism. To accelerate weight loss 'Slimsall' also contains a special 'powerful inhibitor' with prolonged action on the gastric fluid in your intestine. This deactivated enzyme is prevented from hydrolysing the fat contained in food, ensuring over 60% of the fat contained in food passes through the digestive system without being digested. These dual-action ingredients have are [sic] synergistically combined in Slimsall, the production quality of which I monitor to ensure it contains the correct grade and quantity of ingredients as formulated some six years ago. Not only does Slimsall restore the trigger mechanism, it has in all my tests revealed a minimum weight loss of 2lbs each time one of these tablets is taken just once daily. Because results are so consistent and fast, I do not recommend taking more than 1 tablet daily ... Now it is up to you, I suggest you decide right now, don't wait until later (later may never come) to try Slimsall, after all you have my 100% cast iron guarantee of satisfaction ... PS - Slimsall goes to work immediately on your body. You will start losing weight within 24 hours, It works day and night, even while you are asleep. You will lose weight constantly, and at a steady pace, without even thinking about it".

Issue

The complainant challenged whether:

1. the claims that taking one tablet a day would make a person automatically lose 2lbs, and that a person could lose 14lbs in one week, were misleading and could be substantiated;

2. the claims that the product was "100% Natural", "100% Safe", "100% Active", "100% Immediate", "100% Effective" and "100% Long-lasting" were misleading and could be substantiated;

3. the claim "Through the stimulation of both lipolysis and thermogenesis, the disintegration of fat molecules, the regulation of your appetite, the stimulation of waste elimination, diminishing your body sugar and fat absorption and the general toning up of your body, you are guaranteed 2lbs daily weight loss" was misleading and could be substantiated; and

4. the claim "Slimsall will stimulate and strengthen your metabolism in order to burn fat, calories and to lose excess weight and keep it off for months and years" was misleading and could be substantiated.

The ASA challenged whether:

5. the before and after photos and measurement charts used in the mailing were genuine and could be substantiated;

6. the testimonials featured on the back of the brochure were genuine;

7. the model used on the front of the mailing was over 18 years of age;

8. the results of the laboratory tests and trials referred to in the leaflet were genuine and could be substantiated;

9. the rate of claimed weight loss was compatible with good medical and nutritional practice;

10. the claim made by Dr Bernard Williams that "My studies have shown that the effects last a minimum of 2 years and an average of over 3" were misleading and could be substantiated;

11. the claim made by Dr Bernard Williams that "Slimsall also contains a 'powerful inhibitor; with prolonged action on the gastric fluid in your intestine. This deactivated enzyme is prevented from hydrolysing the fat contained in food, ensuring over 60% of the fat contained in food passes through the digestive system without being digested", was misleading and could be substantiated; and

12. the claims relating to the metabolic effects of the product were medicinal claims and required the product to hold a marketing authorisation.

CAP Code (Edition 11)

Response

Wellform Ltd did not respond to the ASA's enquiries.

Assessment

1. - 12. Upheld

The ASA was concerned by Wellform's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

In the absence of any response or evidence to substantiate the claims made in the ad, we considered that the claims had not been proven. We also noted that we had not seen evidence that the product held a marketing authorisation. We therefore concluded that the ad was misleading and irresponsible, and made unauthorised medicinal claims.

Investigated under CAP Code clauses 2.2 (Principles), 2.6 (Non-response), 3.1 (Substantiation), 6.1 (Honesty), 7.1 and 7.2 (Truthfulness), 14.1 and 14.3 (Testimonials and endorsements), 17.1 (Guarantees), 50.1, 50.4 and 50.5 (Health and beauty products and therapies), 50.11 (Medicines), 51.1, 51.3, 51.4, 51.8, 51.9 and 51.10 (Weight control).

Action

The ad must not appear again in its current form. We urged Wellform Ltd to seek guidance from the CAP Copy Advice team before advertising again and asked CAP to inform its members of the problem with Wellform Ltd.

Adjudication of the ASA Council (Non-broadcast)