Background
Summary of Council Decision:
Two issues were investigated of which one was Not Upheld and one was Upheld.
Ad description
Text on a website for a weight loss exercise programme, seen on www.newcastle21dayrapidfatloss.com on 16 January 2012, stated "... I did go to the drawing board and crafted a new 21 day rapid fat loss program that's right up your alley - if you want fast results ... that's EXACTLY why I created my new 21 Day Rapid Fat Loss Program ... The following participants lost a significant amount of weight and inches during the 21 days and then continued the program for several more months to achieve more amazing results". Several before and after pictures were shown and further text stated "Newcastle Fit Body Boot Camp is pretty much full, but we do have room for another small group so I thought I'd let you know that my NEW 21 Day Rapid Fat Loss program is starting again, and the best part is that the 21 day program is discounted to only £59 and INCLUDES a 21 day meal plan program".
Issue
1. The complainant, who did not believe the 21 Day Rapid Fat Loss Program was created by Shaun McGill, challenged whether the claim "I did go to the drawing board and crafted a new 21 day rapid fat loss program ... that's EXACTLY why I created my new 21 Day Rapid Fat Loss Program" could be substantiated.
2. She also challenged whether the claim "... The following participants lost a significant amount of weight and inches during the 21 days and then continued the program for several more months to achieve more amazing results" and the before and after pictures were misleading, because she did not believe that those people had taken part in the advertiser's particular boot camp.
Response
1. & 2. Fit Body Boot Camp LLC (FBBC) said Shaun McGill was an independent owner and operator of the FBBC Newcastle and was regulated, hosted and designed by the American-based, parent company, FBBC. They also said Shaun McGill was required, by his licensing agreement, to use the testimonials provided to him by FBBC and that, although all participants had signed declarations of their testimonials, they were not at liberty to share client information. They said, while they created the concept of the "21 day rapid fat loss program" and gave their owners guidelines for promotions, owners were required to create their own daily workouts and nutritional guides to fit with that concept. They said, because Shaun McGill had done this, the claim "... I did go to the drawing board and crafted a new 21 day rapid fat loss program ..." was not misleading. They submitted two documents which indicated that they had been designed by Shaun McGill. The first detailed various workouts to be carried out during the 21-day programme, and the second referred to an Ultimate Jump Start Plan which included guidance on nutrition and exercise.
Assessment
1. Not upheld
The ASA noted FBBC said Shaun McGill had created daily workouts and nutritional guides as part of a 21-day programme. We also noted one of the documents provided details about each workout that was included in the programme, while the other provided advice on nutrition and exercise, both of which indicated that Shaun McGill was the author. We understood the complainant believed the claim that Shaun McGill had created the 21 Day Rapid Fat Loss Program was misleading, because it originated in the United States. However, we noted the "21 Day Rapid Fat Loss Program" was not a patent term and was used by FBBC to refer to programmes that participants followed, with the aim of losing weight over 21 days. We also noted the website referred to "a new 21 day rapid fat loss program" and "my new 21 day rapid fat loss program" and considered that, in that context, most readers would understand this referred to a programme created by the advertiser. We considered the documents submitted supported the claim that Shaun McGill had created a 21-day programme for participants to follow, and therefore concluded that it was not misleading on those grounds.
On this point we investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) but did not find it in breach.
2. Upheld
We noted FBBC said Shaun McGill's licensing agreement required him to use the testimonials provided to him but that they were not at liberty to share client information. We considered the claim "The following participants lost a significant amount of weight ... Newcastle Fit Body Boot Camp is pretty much full ...", in conjunction with the before and after pictures, implied that the people shown in those pictures had participated in the Newcastle Body Boot Camp. Because we had not seen evidence to demonstrate that was the case we concluded that they were misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and testimonials).
Action
The ad must not appear again in its current form. We told Fit Body Boot Camp not to use testimonials unless they held documentary evidence to demonstrate that they were genuine.
