ASA Adjudication on Best Direct (International) Ltd

Ad

Monitoring Staff viewed an infomercial for the Gymform Abs & Core, a vibrating belt on Best Direct. A voice-over stated “Wanna trade in that out-of-shape look … for the tighter toned shape you’ve always wanted? Diet and aerobic exercise can get you along the way, but is there a device that helps strengthen, sculpt and firm your body to make all that effort worthwhile? Well, yes there is, because coming up, you will see how - without the usual stress, strain and sweat of hard exercise, your body could become tighter, firmer and more toned. Introducing the Gymform Abs & Core fitness belt”.

A woman said “I’ve been using Abs & Core for about the last four weeks, and I’ve lost seven pounds and I feel awesome”. Onscreen text stated “Results will vary and only achieved in conjunction with healthy eating plan & regular aerobic activity”.

A man stated “I’ve used Abs & Core for just four short weeks and I’ve lost six pounds”. The same text appeared on the screen. He was shown in a split-screen video shot in “before” and “after” poses. One shot showed him wobbling his stomach. The other shot showed him with a flat stomach.

Issue

Monitoring staff challenged whether the GymForm Abs & Core would achieve:

1.the weight loss stated in the infomercial; and

2.the level of toning shown in the "before" and "after" photos.

BCAP TV Code

Response

Best Direct provided testimonials to substantiate the weight loss claims made in the infomercial.

Assessment

1. & 2. Upheld

The ASA noted that this was the third time the Compliance team had contacted Best Direct over an infomercial for this type of product. We noted that the Code required testimonials to be genuine and to be supported by documentary evidence which Best Direct had not submitted. We considered that, although the on-screen text stated that results would only be achieved in conjunction with a healthy eating plan and aerobic activity, the overall message of the infomercial was that it was use of the Gymform Abs and Core belt that would achieve weight loss. We noted that rule 5.4.2 (Superimposed text) stated "Whilst text may expand or clarify a claim, or add minor qualifications, it must not contradict the claim". We considered that in the absence of evidence to demonstrate that use of Gymform Abs and Core would result in weight loss the weight loss claims were misleading.

We understood that electrical muscle stimulation products were merely capable of toning existing muscle and there was no evidence that it could increase muscle or decrease girth as claimed and implied in the infomercial. We concluded that the before and after shots were misleading.

The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.2 (Implications) 5.4.2 (Superimposed text) and 8.4.2 (Requirement for medical advice).

Action

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

Adjudication of the ASA Council (Broadcast)