Ad description
An ad on Amazon for International Bodyworks' NHL HPUS Blend Essential Formula Fast Weight Loss Diet Drops. The headline stated "Lose a Quick Pound Per Day on the Dr Simeons & Cura Romana VLCD [Very Low Calorie Diet] Diets!" Under the heading "Product Features" text stated "For Use [sic] with the Dr. Simeons and Cura Romana 500-Calorie Diets ... Lose a Pound per Day, 2 Stone per Month! Resets the Hypothalamus - Burns Fat and Detoxifies the Body ... HPUS Blend (Homeopathic Pharmacopeia of the United States)".
Issue
The complainant challenged whether the claims could be substantiated.
Response
International Bodyworks said the product had not been determined as a medicine and the product contained amino acids that helped with weight loss. The advertiser said the product was manufactured in the USA and that the MHRA regulated European licensing only. They said they were not affiliated with Dr Simeons or the Cura Romana 500 calorie diets but referenced them as the product could be used alongside these regimes and it could also be used with other diet plans. Furthermore, they said the ad did not claim their product contained hCG (human chorionic gonadotrophin) and any suggestion that their product contained hCG was false and was based on the reference to the Dr Simeons diet.
They also said the listing included the text "It is recommended that you seek the approval of your doctor before any diet. If you are pregnant or nursing you should not be on this diet".
Assessment
Upheld
The ASA noted the ad included the word "homeopathic" and made claims which we considered were medicinal, we therefore considered this rather than substantiation for the claims. Because medicinal claims were made and homeopathic medicinal products must be registered in the UK, the product required a marketing authorisation, which we understood it did not have. We noted the advertiser's assertion that the product was manufactured in the USA. However, because it was promoted to UK consumers an appropriate marketing authorisation was required.
We acknowledged the advertiser was not affiliated with Dr Simeons diet regime. However, text stated "For Use with the Dr. Simeons ... Diet" and we considered this was likely to encourage consumers to consider using both products in conjunction and therefore promoted this regime. We understood that some 'Dr. Simeons diets' included the use of hCG, which was not authorised or registered for use in the UK because it was an unlicensed medicine, and therefore its promotion was not permitted.
Because the ad promoted unlicensed products we concluded the ad breached the Code.
The ad breached CAP Code (Edition 12) rules
12.11
12.11
Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2.
Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.
and
12.20
12.20
Homeopathic medicinal products must be registered in the UK. Any product information given in the marketing communication should be confined to what appears on the label. Marketing communications must include a warning to consult a doctor if symptoms persist. Marketing communications for an unlicensed product must not make a medicinal or therapeutic claim or refer to an ailment unless authorised by the MHRA to do so.
(Medicines, medical devices, health related products and beauty products).
Action
The ad must not appear again in its current form. We told International Bodyworks to withdraw their ad until a marketing authorisation had been obtained to market the product in the UK.
