Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Two websites for Ketone Elite:
a. The website www.ketoneelite.com, stated "Claim Your TRIAL BOTTLE Today! ... HURRY! Only while supplies last, trials are very limited!".
b. The website www.ketoneelite.co.uk stated "I discovered the Ketone Elite program [sic] and lost 5kg in 2 weeks. After consuming it for a month I lost 9kg."
Issue
1. Three complainants and a Trading Standards Officer challenged whether ad (a) was misleading, because it was not clear that consumers would be automatically charged a monthly fee if they did not cancel.
2. The Trading Standards Officer also challenged whether the amount of weight lost described in the testimonial in ad (b) was compatible with good medical and nutritional practice.
Response
1 & 2. Ketone Elite said they were no longer marketing their products and their websites were not active.
Assessment
1. Upheld
The ASA understood that Ketone Elite had stopped promoting their trial bottle on the website www.ketoneelite.com. However, we were concerned that at the time the website was visited, it did not state clearly that unless an order was cancelled, consumers would incur additional charges.
Because material information relating to additional charges was omitted, we concluded the website was misleading.
Ad (a) breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification),
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free),
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
2. Upheld
We noted that, although orders could not be placed from their website, the website www.ketoneelite.co.uk continued to make weight loss claims unlikely to be compatible with good medical and nutritional practice.
Because problematic weight loss claims were made, we concluded the website breached the Code.
Ad (b) breached CAP Code (Edition 12) rules 13.1 13.1 A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation. and 13.10 13.10 Claims that an individual has lost an exact amount of weight must be compatible with good medical and nutritional practice. Those claims must state the period involved and must not be based on unrepresentative experiences. For those who are normally overweight, a rate of weight loss greater than 2 lbs (just under 1 kg) a week is unlikely to be compatible with good medical and nutritional practice. For those who are obese, a rate of weight loss greater than 2 lbs a week in the early stages of dieting could be compatible with good medical and nutritional practice. (Weight control and slimming).
Action
We told Ketone Elite to ensure all additional charges were clear to consumers and to not make weight loss claims that were unlikely to be compatible with good medical and nutritional practice in their advertising.
CAP Code (Edition 12)
13.1 13.10 3.1 3.10 3.23 3.3 3.9 8.17 8.17.1
