ASA Adjudication on Sasaki International Ltd

Ad

A leaflet for the “FLABéLOS” (referred to here as Flabelos) machine stated “10 minutes = 1 hour workout”. Text on page one stated “For Losing Weight 84% of users rated its effectiveness as being Excellent, Very Good or Good. For Toning and Firming Up 96% of users rated its effectiveness as being Excellent, Very Good or Good. Overall 93% of users rated the Flabelos as being either Excellent or Very Good. Flabelos was developed on the balancing theory in sport science. This unique balancing training workout results in improved posture, blood circulation, muscle strength and flexibility… Flabelos is the ultimate workout machine that shakes you to becoming slimmer… All you need is just 10 minutes for a total body workout." Page two was headlined “LOSE A DRESS SIZE IN 3 WEEKS” and listed the exercises users could do with the Flabelos machine and its benefits, such as “Toning”, “Burn Fat”, "Anti-Aging" and “Reduce Cellulite, Increase Flexibility, Improve Circulation, Increase Bone Density, Improve Varicose Veins and Minimise Lower Back Pain”.

Issue

The complainant, Power Plate, challenged whether:

1. the claim "10 minutes = 1 hour workout" could be substantiated because it was ambiguous and did not explain the basis of the claim;

2. the advertisers could substantiate the survey claims made about weight loss and toning, and whether the methodology was sufficient to support these claims;

3. the claim "lose a dress size in three weeks" made a specified weight loss claim from a particular part of the body in a specified period; and

4. the claims that the product could help with anti-ageing, increasing bone density, improving varicose veins and minimising back pain could be substantiated.

5. The ASA challenged whether the claims about anti-ageing, increasing bone density, varicose veins and back pain were unauthorised medical claims.

CAP Code (Edition 11)

Response

1. Sasaki International Ltd (Sasaki) said "10 minutes = 1 hour" was a quote from a Metabolic Study done by the Bonner Physical Therapy organization in 2003.  They provided a paper in support of this claim.

2. They said that weight loss and body toning was the natural result of exercise.  They stated that the Flabelos vibrated the whole body and improved body circulation and the effect was better body tone and weight loss.  They provided a study which they believed supported the claim.

3.  They said the claim "lose a dress size in three weeks" was a general statement and was another way of saying "exercise results in weight loss" and did not call for further qualification.  They said there were a number of customers who would support the claim.

4. They provided a report which they stated showed that the exercise from the product improved impaired muscle strength, impaired balance and posture, impaired gait in the elderly and this was equivalent to anti-ageing.

5. They said that all the claims that were disputed by Power Plate were substantiated in a comprehensive study by experts on the subject.  They provided a copy of that study.

Assessment

1. Upheld

The ASA understood that the Metabolic Study (dated 2003) measured Basal Metabolic Rate (BMR), body composition and blood pressure on two groups, before and after they exercised; one group incorporated vibration training into their exercise routine and a control group did not.  We noted that there was no additional information about the subjects, such as gender, age or weight, and that two of the subjects in the vibration group were on asthma or blood pressure medication and one subject started a diet and exercise programme prior to the start of the test.  We were therefore concerned that the control group and testing group were not comparable.  The study concluded that "the vibration group experienced an 18% increase in resting metabolism while the control group showed a 2% decline", but did not see how this equated to the specific claims "as good a workout in ten minutes as an hour and a half at the gym", as set out in the study, or "10 minutes = 1 hour", as set out in the ad.  We noted that neither the study nor the ad clearly explained the basis of the claim.

Because we did not consider that the evidence we had seen was sufficient to explain or support the claim "10 minutes = 1 hour", we concluded the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies), 51.9 and 51.10 (Weight control).

2. Upheld

The ASA noted that the advertisers had provided two studies which both looked at the effects of body vibration from vibration plates on elderly people.  We noted that the ad pictured two young people in good shape and did not consider that it was intended to target elderly people, but rather younger or middle-aged adults.  We considered that the studies provided were not representative of the Flabelos likely effects on target users and, in addition, did not provide any information or evidence concerning the products specific effects on weight loss and toning.  We therefore concluded that we had not seen sufficient evidence to support those claims made in the ad.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies), 51.9 and 51.10 (Weight control).

3. Upheld

The ASA understood that a persons dress size might depend on their height, body shape and dimensions, as well as their weight, and that one person might need to lose more or less weight than another before dropping a dress size.  We therefore considered that the claim "lose a dress size" would be understood as a general weight loss claim, rather than a specified weight loss from a particular part of the body.  We noted, however, that the claim specified a period of "three weeks" and did not consider that we had seen sufficient evidence to substantiate general weight loss claims over a three-week period, or over a longer unspecified period of time.  We therefore concluded the claim was in breach of the CAP Code on that point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies), 51.9 and 51.10 (Weight control).

4. Upheld

The ASA noted that the report provided (dated 2000) explained the effects of falls suffered by elderly people, listed risk factors linked to falling, such as impaired muscle strength or impaired balance, and that the study itself consisted of the "chair raising test" (rising from a chair as quickly as possible without using your arms) on 34 fit, elderly participants.  We noted that the study concluded that there were improvements in muscle power resulting from the reflex muscle stimulation with a vibration plate, but that they intended to continue studying this new training device with an improved diagnostic method.

Because the evidence provided did not look at the effects of Flabelos on adults of all ages and because we had not seen any evidence concerning the products specific effects on anti-ageing, bone density, varicose veins and back pain, we concluded that we had not seen sufficient evidence to support those claims made in the ad.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies), 51.9 and 51.10 (Weight control).

5. Upheld

The ASA considered claims such as "Improve Circulation, Increase Bone Density, Improve Varicose Veins and Minimise Lower Back Pain" suggested Flabelos could treat those medical conditions.  We noted we had not seen evidence to show that the product had a valid marketing authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA) and therefore considered that the ads made medicinal claims to promote an unlicensed product.  Because of that we concluded that the ad was in breach of the CAP Code on that point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 (Health and beauty products and therapies), 51.9 and 51.10 (Weight control).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)