ASA Adjudication on Venus TV

Ad

An infomercial on Venus TV for the Jorge Hane Weight Loss Programme said “Introducing the safe, easy and natural solution to permanent weight loss … Now available, the most powerful and the most successful Reduce Fat Fast ever. Losing weight with Reduce Fat Fast is as simple as taking one capsule, half an hour before each meal with two glasses of water … There’s only one product with clinical studies … There’s only one product that has every single proof that it works … That’s Reduce Fat Fast … Reduce Fat Fast is the only natural weight loss product that has 5 clinical studies. This demonstrates that when you use Reduce Fat Fast you will lose weight … One study that was done in France, with a controlled group of 1448 adults between the ages of 30 and 57. After taking Reduce Fat Fast for one month the controlled group lost 3.7% of body mass and after two months the controlled group lost 6.4% of body mass. In all, an amazing 97% of all participants in the study lost weight.”

Jorge Hane explained that “Green tea works as a fat burner and Java tea works as a natural diuretic that will eliminate the extra water that your body is holding. It will eliminate that extra water that you have, plus you will eliminate that extra fat that you have. What happens - you will lose weight … No matter what type of food you’re gonna eat, even if it’s from Europe - pizza, wine, cheeses, pasta. Or from Asia - sushi, noodles, rice, spring rolls. From Latin America - tacos, burritos, seviche and guacamole. Or even from the States - hamburgers, hot dogs, French fries, apple pie. You will lose weight with my product … You never gain it back. You never get fat again. No other product in the world that can say that. Check it out!”

The voice-over said “Miss Universe, Alicia Machado after winning her crown, she put on 24lbs. But with Reduce Fat Fast she not only lost the weight, she kept it off!” Jorge Hane said “They never gained back the weight they lost.” Alicia Machado said “I have still not gained one single pound.”

Rebecca Vaughn claimed “I weighed a total of 268lbs [19 stone]. I lost 31lbs [2.2 stone] in a month and the rest a total of 128lbs [9 stone] in ten months.” Jorge Hane said “I’ve got Dr Hagatin’s gonna measure the weight. We got Olga who’s a professional surgeon who gonna measure her body size. We got a public notary, Valerie, who gonna certify everything what’s going on and we have Diane who’s gonna lose her weight. Come on!” Dr Hagatin said “191 [text says “six weeks later”] 173.” Diane said “Oh my God. I’m gonna cry. Yes. In just six weeks I’ve lost 19lbs and the size, I’ve lost over 15 inches and I’m down to a size 12.”

Issue

Monitoring staff challenged whether:

1. taking the Reduce Fat Fast capsules would result in weight loss;

2. java tea reduced water content in the body;

3. green tea burned and eliminated fat;

4. referring to clinical trials implied the product worked;

5. the weight-loss programme was the only natural weight-loss product with clinical studies;

6. the products name "Reduce Fat Fast" was a claim in a name;

7. as a result of taking the capsules, no matter what food you ate, you would still lose weight;

8. using Reduce Fat Fast capsules would result in permanent weight loss;

9. the testimonials were from people who were or seemed to be obese;

10. the rate and amount of weight loss was compatible with accepted good medical and dietary practice;

11. using the doctors to weigh and measure participants gave credibility to the product.

BCAP TV Code

Response

Venus TV withdrew the infomercial and said their compliance officer had thoroughly checked it before broadcast. Venus TV maintained that the Jorge Hane Weight Loss Programme was a diet and exercise programme coupled with an all-natural dietary supplement that was "supposed to work". They submitted evidence from some clinical trials.

Assessment

1., 2., 3., 4., 5. & 6. Upheld

The ASA welcomed Venus TVs assurance that the infomercial had been withdrawn. We considered that the evidence was inadequate to substantiate the claims, including the claim in the products name Fat Fast" and that it was the only weight loss product with proof that it worked. We considered that referring to clinical studies implied that the product had been properly evaluated in a placebo-controlled trial. Because we had seen no evidence of such a trial, we considered that the claims were misleading. We noted Venus TV had not obtained suitably qualified medical advice on the safety and efficacy of the product as required by rule 8.4.2.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading), 5.2.1 (Evidence) and 8.4.2 (Requirement for medical advice).

7. Upheld

We considered that claiming people would lose weight regardless of the food they ate was misleading.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading) and 5.2.1 (Evidence).

8. Upheld

In the absence of evidence to substantiate them, we considered that the permanent weight loss claims were misleading.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading) and 5.2.1 (Evidence).

9. Upheld

We noted that Rebecca Vaughn was or seemed to be obese.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rule 8.4.5 (Obesity).

10. Upheld

We noted some of the testimonials did not state the period over which the weight was lost. Also, the rate and amount of weight loss must be compatible with accepted good medical and dietary practice. The rate achieved by some testimonial givers was too fast and Rebecca Vaughns was almost four times the two pounds a week maximum rate recommended by the Food Standards Agency.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rule 8.4.3 (Predictions of weight loss).

11. Upheld

We considered that the appearance of a doctor and a surgeon to weigh and measure the subjects had given the impression of professional support and recommendation for the product.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rule 8.1.2 (a)(Impressions of professional advice and support).

Action

The infomercial must not be shown again in its present form and the product should not be advertised without adequate substantiation for the claims made for it.

Adjudication of the ASA Council (Broadcast)