ASA Adjudication on Gymophobics (Licence) Ltd

Ad

A regional press ad was headlined "HATE GYMS? ... LOVE GYMOPHOBICS!". Text underneath stated "... you will love the very fast results. AMAZING RESULTS. SHARON lost 2st 5lb 20 inches in 12 weeks ..." and continued with other similar weight loss results for named participants. The ad showed "BEFORE" and "AFTER" photos of a woman; text underneath those stated "'In just 5 Months I lost 62 inches, 5 Stones & look 10 years younger' - Chris Hanna". A photograph of another woman was captioned "Size 18 to 10 in under 6 months Sarah Member 590."

Issue

1. The complainant, who said she used the facility but did not lose weight, challenged whether the ad misleadingly implied the method was proven to result in weight loss.

The ASA challenged:

2. whether the ad was irresponsible because the testimonial featuring Chris Hanna and some of the other weight loss claims implied the programme was suitable for obese people who should not be targeted without supervision by a doctor or suitably qualified medical professional;

3. whether the testimonials, before and after picture, photo of  "Sarah Member 590" and weight loss claims were genuine, and whether they misleadingly implied weight loss was very likely or guaranteed.

CAP Code (Edition 11)

Response

Gymophobics Ltd (Gymophobics) said they were a ladies' exercise facility that offered a non-intimidating environment for women to exercise under close supervision. They said their exercise programme consisted of a circuit of 10 stations taking 30 minutes to complete, adapted to suit each member's physical capabilities. They said they were attempting to attract people who might not normally attend a conventional gym and believed they had changed many sedentary women's lives for the better by attracting them to an exercise environment. They said each member had a personal record card which carefully documented their results.

They said they believed that government guidelines supported their premise that regular small amounts of exercise and a healthy diet was better than extremes in either direction. They said they gave healthy eating advice to their clients in line with government guidelines. They also said their instructors were trained in the Gymophobics Training Academy by chartered physiotherapists and lecturers with Sports Science degrees. They said they measured blood pressure and Body Mass Index (BMI) at a member's first session and would refer them to their General Practitioner (GP) if necessary.

They said the photos of the women in their ad were not airbrushed but were genuine photos of members. They said these photos were designed to inspire women as to what could be achieved rather than to guarantee similar results for everyone. They sent two signed testimonial forms, dated April 2008, which they said they had obtained from those members featured in their ad, confirming the weight they had lost and permitting the use of their photographs. They said they explained very carefully to new members that they did not work miracles and never promised specific results as these were always variable and depended on the behavioural change and motivation of the client.

Gymophobics said most members who wished to lose weight lost between one and two pounds a week, and they did not encourage members to starve themselves to lose more, but inevitably some members did lose weight more quickly and this applied mostly to binge eaters who corrected their eating habits. They said because they measured the BMI of members prior to their commencing the programme, they would note and refer obese people to their GP. However they said very few of their members could be classified as obese when enrolling, and those that were had in fact often been referred to Gymophobics by their GPs.

Gymophobics said they had not been aware of the rules on advertisement and weight loss and would ensure they consulted CAP Copy advice and did not advertise more than 2 lbs per week weight loss in their ads as recommended by the Department of Health in future.

Midland Weekly Media, on behalf of the Staffordshire Post, said they had not realised the ad might be problematic and would in future seek confirmation from the advertiser that they had consulted CAP Copy advice.

Assessment

1. Upheld

The ASA recognised that any eating and exercise programme relied on the commitment and active participation of the client. We accepted that resistance and aerobic exercise could improve muscular condition and tone and that it could also improve body shape and posture if undertaken under suitably qualified supervision. We also accepted that a calorie controlled eating plan, as part of a balanced diet, could result in weight loss. However, we considered that text in the ad stating "... you will love the very fast results" and "AMAZING RESULTS" followed by a list of significant weight and inch losses, coupled with the photographs and testimonials also showing significant weight loss, implied that the Gymophobics method was proven to result in weight loss for every client. Because we had not seen evidence to substantiate that, we concluded the ad could mislead.

On this point the ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) 51.1, 51.11 (Weight management).

2. Upheld

We noted Department of Health guidelines recommended ads and testimonials should not normally claim more than 2 lbs per week weight loss for proven weight loss methods. We noted several of the figures given in the ad reported a weight loss of over 2 lbs per week. We understood BMI was used by medical professionals to assess weight and health and that, in the UK, people with a BMI of between 25 and 30 were categorised as overweight and those with an index above 30 were categorised as obese. We noted the testimonials of Chris Hanna and others suggested a weight loss likely to be associated with people initially classified as obese. We acknowledged Gymophobics' assertion that they measured their new clients' BMIs before they commenced the programme and referred them to a GP if necessary, but also noted we had not seen evidence to support that. We concluded that, because it  featured testimonials showing rapid weight loss for people likely to be classified as obese and the regime was not carried out under medical supervision, the ad was irresponsible.

On this point the ad breached CAP Code clauses 2.2 (Social responsibility) and 51.2 (Weight management).

3. Upheld

We acknowledged the signed testimonials sent by Gymophobics marked "Chris Hanna" and "Sarah Member 590" but noted both were dated April 2008, after the ad was published. We considered that the ad implied the testimonials, especially that of "Chris Hanna", had been provided before the ad's publication. We noted the amounts of weight the ad claimed these individuals had lost at Gymophobics were significant, and over the 2 lbs per week recommended by Department of Health guidelines for use in weight loss ads. We also noted testimonials alone did not constitute evidence of the efficacy of a weight loss regime and that such material needed to be supported by robust evidence (for instance, week by week measurements made and recorded under independent medical supervision). We considered that, in the context of the ad as a whole, the claims implied weight loss was very likely or guaranteed. We concluded Gymophobics had not justified that implication.

On this point the ad breached CAP Code clauses 2.2 (Social responsibility), 3.1 (Substantiation) 7.1 (Truthfulness) 14.1, 14.3, 14.4 (Testimonials) 51.1 and 51.11 (Weight management)

We welcomed Gymophobics intention to seek CAP Copy advice before publishing future ads.

Action

The ad should not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)