ASA Adjudication on Lipo-Slim Laboratories

Ad

A mailing for Lipo-Slim Laboratories was contained in an envelope headed "Phyto-Vitality - After thousands of people confirm they were happy with the pill that guarantees 24 - 180 lbs of weight loss scientists agree this discovery had changed everything we know about slimming - Very soon the Highly Concentrated SIZE ZERO PILL will be yours! ..."

The mailing was headed "The Slimming Breakthrough That Will Shrink Your Body." Body copy stated "Highly Concentrated - SIZE ZERO PILL - Just 10 of these capsules will make your body lose so much weight your closest friends won't recognise you." Text in a bubble stated "SIZE ZERO PILLS LOSE 48 POUNDS." Text in an arrow stated "LIFETIME RESULTS GUARANTEE - Try it in your own home, to lose weight fast without diets or exercises or side effects, then decide if you are happy, you can wait as long as you like - to make sure that the fat will not come back!"

An order form gave options for buying 10, 20, 30 or 40 capsules. An arrow alongside the option for 20 capsules stated "STOP PRESS - Most users choose a 20 pill course as they wanted to lose 48 pounds in just 20 days - it's so easy."

A letter signed by Professor Geoffrey Barder was headed "They call it The Size-Zero Pill! here's [sic] why." Body copy stated "Because that's what users in the USA, Canada and France say it has done for them! THE SIZE ZERO PILL (TM) forces out the fat so you lose 12 pounds with just 5 capsules! You'll be crashing down to SIZE ZERO (UK 4) in a few more days! It's easy because scientists have recently discovered a totally new way to burn fat - without the usual starvation diets or back breaking exercises! Within seconds of taking the first safe, small pill, the 100% natural plant ingredients within THE SIZE ZERO PILL (TM) will BURN-OFF thousands of fat cells from your body! It does this from the 1st day and continues for 2 days after the last dose by what is called a 'time-release' process ... For you, at last THE SIZE ZERO PILL (TM) is the means to melt away those ugly fat deposits rapidly, effortlessly and with no risk to your health ... no matter what you eat or how often, NO MATTER WHAT, YOU WON'T BE ABLE TO STOP LOSING WEIGHT!

A sheet with testimonials from two women showed before and after photographs. One was headed "KELLY LOST 78 lbs. WITH 5 CAPSULES A DAY FOR 30 DAYS!" The testimonial said "I lost 112 pounds with 1 capsule a day and nothing else ... In 4 weeks my weight dropped like a stone now I'm down to 8 stone and a size 0 (UK size 4) - lighter than when I was 12 years old!"

The second testimonial was headed JEMIMA LOST 149 lbs. WITH 5 CAPSULES A WEEK FOR 12 WEEKS!" The testimonial said " ... every day I jumped on the scales to see how much I'd lost - always at least a pound and often much more. In 12 weeks I was 159 pounds lighter - incredible - and all without a diet or exercise in sight ... I'm going to lose about another 6 or 7 pounds - who knows I might be the only size zero girl at the party - I know for sure I will be much slimmer than the bride ... which is such a boost for me!"

Another page was headed "THE ONLY SAFE METHOD TO FORCE YOUR BODY TO COMPLETELY BURN YOUR FAT." Body copy stated " ... After all these tests and all of these trials, the scientists and doctors have declared that it is impossible to fail with THE SIZE ZERO PILL ... It's powerful natural ingredients work from the inside so your body starts to lose dislodged fat reserves from the stomach, thighs or buttocks - burning them for 7 days - And for a long time afterwards too. And you can be safe in the knowledge that THE SIZE ZERO PILL has no reported side effects from our trials and contains nothing that has any known negative impact on your health (in fact they have a lot of very positive benefits). A column headed "DOCTOR's ADVICE" asked "HOW CAN IT BE TRUE THAT TO LOSE 24 POUNDS ALL IT TAKES IS 10 CAPSULES?" The reply stated "Because THE SIZE ZERO PILL (TM) is completely different to anything else. In your body, The [sic] natural active ingredients activate your metabolism so it can burn off all your fat. This is a long lasting and automatic action. The largest ever study of users ... proves it beyond doubt ..."

Another page was headed "A BREAKTHROUGH DISCOVERY IN THE WAR ON FLAB!" Body copy stated " ... There is no doubt about it, many trials and tests have taken place to verify beyond any doubt whatsoever that the ingredients in THE SIZE ZERO PILL (TM) will devour 7 pounds of fat with every 7 capsules you take ..."

A letter signed by Dr Kenneth Herdman, Consultant stated " ... Spectacular results in the U.S.A. and all around the world ... these powerful all natural capsules of a secret recipe ... we will include a full list of the totally natural and safe ingredients along with every order which act mechanically inside you [sic] body by time release Bio-Phytology. THE SIZE ZERO PILL ingredients have been proven in rigorous independently monitored test after test after test to out perform any other diet, pill or potion ..."

Issue

1. A recipient challenged whether the claim "completely safe with no side effects" was misleading and could be substantiated, and

2. whether the ad was irresponsible because it encouraged weight loss at a rate that was incompatible with current nutritional and medical advice.

The ASA challenged whether:

3. the testimonials, and

4. the before and after pictures were genuine.

The ASA also challenged whether the claims

5. "totally safe and natural" and similar and

6. "rigorous independently monitored test after test after test" and similar were misleading and could be substantiated, and

7. whether the ad made medicinal claims for an unlicensed product.

CAP Code

Response

Lipo-Slim Laboratories said that, in the light of the complaint, they had ceased advertising the Size Zero Pill. They said they had ceased all promotional material and would not undertake more until it was re-written in a form that they were assured complied with the CAP Code.

Assessment

The ASA welcomed Lipo-Slim Laboratories's assurance that they had ceased advertising the Size Zero Pill and would not do so again until they were assured that their ad complied with the CAP Code.

1. Upheld

Because Lipo-Slim Laboratories had not provided evidence to substantiate the claim that the Size Zero Pill was "completely safe with no side effects," we concluded the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 and 50.5 (Health & beauty products and therapies - General) and 51.1, 51.2, 51.4, 51.8, 51.9 and 51.10 (Weight control).

2. Upheld

We noted that the Code stated that, for those who were normally overweight, a rate of weight loss greater than 2 lbs per week was unlikely to be compatible with good medical and nutritional practice. For those who were obese, a rate of weight loss greater than 2 lbs per week in the early stages of dieting may be compatible with good medical and nutritional practice. We considered claims such as "Most users choose a 20 pill course as they wanted to lose 48 pounds in just 20 days - it's so easy;" the photograph headed "KELLY LOST 78 lbs. WITH 5 CAPSULES A DAY FOR 30 DAYS" and the testimonials that said "I lost 112 pounds with 1 capsule a day and nothing else ... In 4 weeks my dropped like a stone now I'm down to 8 stone ..." and " ... every day I jumped on the scales to see how much I'd lost - always at least a pound and often much more. In 12 weeks I was 159 pounds lighter ..." advocated weight loss at a rate of between one and four lbs per day, contrary to good medical and nutritional practice. We therefore concluded that the ad was irresponsible.

On this point, the ad breached CAP Code clauses 2.2 (Responsible advertising) and 51.10 (Weight control).

3. Upheld

We noted that the CAP Code required marketers to hold signed and dated proof and a contact address to back up any testimonials they used. Because Lipo-Slim Laboratories had not shown that the testimonials attributed to the two women met that requirement, we concluded that the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 6.1 (Honesty), 7.1 (Truthfulness) and 14.1 (Testimonials).

4. Upheld

We noted that the before and after pictures were shown alongside testimonials that people had lost 112, 149 and 125 lbs respectively but that Lipo-Slim Laboratories had not shown that the testimonials or the pictures were genuine. Neither had they provided evidence to show the Size Zero Pill could achieve those results. We concluded that the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 6.1 (Honesty) and 7.1 (Truthfulness).

5. Upheld

Because Lipo-Slim Laboratories had not provided evidence to substantiate the claim that the Size Zero Pill was "totally safe and natural" and similar, we concluded the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 and 50.5 (Health & beauty products and therapies - General) and 51.1, 51.2, 51.4, 51.8, 51.9 and 51.10 (Weight control).

6. Upheld

Because Lipo-Slim Laboratories had not provided evidence to substantiate the claim that the Size Zero Pill had been subject to "rigorous independently monitored test after test after test" and similar, we concluded the ad was misleading on this point.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness), 50.1 and 50.5 (Health & beauty products and therapies - General) and 51.1, 51.2, 51.4, 51.8, 51.9 and 51.10 (Weight control).

7. Upheld

We considered claims such as "... scientists agree this discovery had changed everything we know about slimming;" "... lose weight fast without diets or exercises or side effects" and "... melt away those ugly fat deposits rapidly, effortlessly and with no risk to your health ... no matter what you eat or how often ...," in the context of an ad for a tablet, suggested the Size Zero Pill modified physiological function by metabolic action and were, therefore, medicinal. Because we had not seen evidence to show that the Size Zero Pill had a valid marketing authorisation, we concluded that the ad made medicinal claims to promote an unlicensed product and that it therefore breached the CAP Code.

On this point, the ad breached CAP Code clause 50.11.

Action

The ad must not appear again in its current form. We were concerned that Lipo-Slim Laboratories had not provided evidence to substantiate the claims made in their ad and that they had made medicinal claims for an unlicensed product.

Adjudication of the ASA Council (Non-broadcast)