ASA Adjudication on Pure Slim Ltd

Ad

An Internet sales promotion for a weight loss product was headlined "Pure Hoodia. 100% pure with nothing added or taken away. Next to a photo of a slim woman with a toned stomach, text stated "Tackle the problem of weight loss head on. Pure Hoodia helps with a significant reduction in the average daily calorie intake PLUS a significant reduction in body fat content. Best of all it's 100% natural and 100% pure! Lose weight like your favourite celebrities have …" ORDER YOUR FREE TRIAL TODAY". Below, text next to two bullet points stated "As recommended by Oprah" and "The cast of Desperate Housewives." Below the headline "Karen's story" text continued "In short, I used to be very thin (size 6 - 8) and then, in my mid-thirties I became clinically depressed. I've always been sporty and despite doing exercise I went up to a size 16 … Read more". There were before and after pictures of 'Karen'. Text stated "Pure Hoodia, As Featured In: ..." and showed a Tatler cover along with the logos for CBS News, the BBC and National Geographic. Another headline below read "What is Hoodia Gordonii?" and text stated "Hoodia is a succulent plant found in the Kalahari desert of South Africa. Hoodia plants are succulents, not cacti … For many generations the nomadic SAN's tribe's people of the region have used the Hoodia Gordonii plant to suppress appetite and thirst during long hunting trips of several days duration. Although there are over 20 species in the Hoodia family only the Hoodia Gordonii plant contains a natural appetite suppressant." Text then described how the plant was discovered, developed as a "drug based on a new molecule found within Hoodia Gordonii" called P57, and sold to a pharmaceutical company. Text continued "During clinical trials of the pure dried Hoodia Gordonii powder, it was discovered that the P57 molecule could reduce the appetite by up to 2,000 calories a day… works by fooling the body into believing it is full when little or no food has actually been eaten… There are no known negative side effects by taking Hoodia Gordonii, although there are some reports of mild aphrodisiac and mood elevation effect. It contains no Ephedra, Caffeine, Magnesium, Chromium or any other stimulants, preservatives or additives." Bold text stated "ORDER YOUR FREE TRIAL TODAY!"

Issue

The complainant challenged whether:

1. the efficacy claims, and in particular the weight loss and aphrodisiac claims for the product, were misleading and could be substantiated, and

2. the ad was misleading, because it did not make clear that postage costs applied on the front page, where visitors entered their details to obtain the free sample.

The ASA challenged whether:

3. the before and after photos were genuine;

4. the testimonial from "Karen" was genuine; and

5. the claim "As recommended by Oprah  The cast of Desperate Housewives" misleadingly implied that those individuals endorsed the advertiser's product.

CAP Code (Edition 11)

Response

1. Pure Slim Ltd (Pure Slim) said they had approved status with the Medicines and Healthcare products Regulatory Agency (MHRA) and worked closely with them in order to remain compliant.  They said they believed MHRA guidance outlined hoodia was a herb with an established use as a medicine and stated that additional trials of hoodia had been conducted; they provided a summary of one clinical study.  They did not believe they were making any claims regarding any aphrodisiac properties and were prepared to remove that reference.

2. They said they had consulted Trading Standards and felt it was made clear before the point of order that payment for postage was required.  They said customers were also required to check a box to show they had read and understood the terms of the offer.  They stated they would add "*postage costs not included".

3 & 4. They provided the original e-mails from Karen, her contact details and copies of the before and after photos, as well as the original article in which her story had appeared and further e-mails from the journalist who covered that story.

5.  They said it was widely reported on the Internet and in the press that Oprah Winfrey and some Desperate Housewives cast members had recommended or used hoodia in order to lose weight.  They said they did not wish to claim that they used the Pure Slim specifically and were willing to amend the text to clarify that point.

Assessment

1. Upheld

The ASA noted the ad made numerous claims relating to weight loss such as "Pure Hoodia helps with a significant reduction in the average daily calorie intake PLUS a significant reduction in body fat content", "Lose weight like your favourite celebrities have" and "there are some reports of mild aphrodisiac and mood elevation effect" and pictured a woman with a very slim and toned midriff.  We noted that MHRA guidance referred to hoodia as a "medicinal herb" and stated "Many herbs have an established or accepted use as medicines. For example, ... as an appetite suppressant (hoodia).  The MHRA will generally consider products containing ingredients like these in doses large enough to have a significant effect on the actual functioning of the body to be medicinal products on the basis that they "may be administered with a view to modifying physiological function in human beings"."  We noted the guidance suggested that hoodia might therefore have some effect, but considered that it would depend on the dosage, and that the guidance did not specify whether hoodia had to be in a particular form to have an effect, nor what the effects and effectiveness of hoodia might be.  In addition, we noted there was no information relating to the specific hoodia product provided by Pure Slim.  We also noted that additional MHRA guidance for hoodia outlined it should be sold without any written recommendation as to its use, under a designation which only specified the plant.  In addition, we noted we had only seen a summary of a clinical trial for hoodia and considered that claims for weight loss products should be backed by rigorous trials.  

Because MHRA guidance indicated the product should be sold without any written recommendation as to its use, under a designation which only specified the plant and because we had not seen sufficient evidence to substantiate the weight loss and aphrodisiac claims for the product advertised, we concluded the ad was misleading on that point.

On this point the ad breached CAP Code clauses 3.1 (Substantiation), 7.1, 7.2 (Truthfulness) and 51.1 (Weight control).

2. Upheld

We considered that the postage costs were a significant condition to obtaining the free sample and that information should have been included on the front page.  We therefore concluded the ad was misleading on that point.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1, 7.2 (Truthfulness) and 32.5 (Free offers and free trials).

3. & 4. Upheld

We acknowledged an article had been published about Karen and her experiences of using hoodia to achieve weight loss and that Pure Slim had provided e-mails from Karen and the journalist, which showed that Karen supported the testimony in the ad, the article, and the authenticity of the before and after photos.  We considered, however, that the testimony was not sufficient substantiation in itself, and as noted in point 1, that claims in relation to the product's ability to aid weight loss were not supported by sufficient evidence.

Although we considered the testimonial was genuine, because the opinions expressed in the ad were not supported by objective scientific evidence, we concluded they should not be used in marketing material.

On this point, the ad breached CAP Code clauses 14.3 (Testimonials and endorsements) and 51.1 (Weight control), but did not breach 14.1 and 14.2 (Testimonials and endorsements).

5. Upheld

We noted Pure Slim had not provided supporting evidence showing that Oprah or the cast of Desperate Housewives had endorsed or recommended hoodia or Pure Slim and concluded that the ad was likely to mislead on this point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1, 7.2 (Truthfulness), 14.1, 14.2, 14.3, 14.5 (Testimonials and endorsements) and 51.1 (Weight control).

Action

The ad must not appear again in its current form.  We advised them to seek guidance from the CAP Copy Advice team before advertising again.

Adjudication of the ASA Council (Non-broadcast)