Background
Summary of Council decision:
Five issues were investigated of which four were Upheld and one was Not upheld.
Ad description
Claims on bootcampeastlondon.com, which promoted an exercise regime and dietary advice programme, were headlined "SMASH THE FAT" and stated "No Sit-Ups! No shouting! Slim Down, Tone Up, Feel Great ... Who else wants to drop a clothes size in 28 days ... GUARANTEED? Without Any Sit Ups Or Shouting, But With Plenty Of Fun, Support And Motivation!?". Subheadings stated "About", Blog", "Diet Club", "3 Months For 2 New Year Offer!", "Free Week", "Success Stories", "FAQ" and "Contact", which linked to other webpages on the site.
Claims on bootcampeastlondon.com/about stated "About ... My name is Sam Feltham and I am one of London's top Fat Loss Expert's [sic] and Health Coach's [sic], after being named one of the World Fitness Elite Trainers of the Year in The Independent and USA Today!".
Claims on bootcampeastlondon.com/diet-club, promoting a "Diet Club", stated "That's Right - Eat Fat and Get Slim!” The page also included an embedded YouTube video, which contained text which stated "Why Calories Don't Count".
Claims on bootcampeastlondon.com/new-year, promoting a "3 Months For 2 New Year Offer" stated "Over the past 3 years we have helped 1,000's [sic] of people obtain and maintain a healthy lifestyle all over the world using the most up to date and scientifically sound techniques ... here's what our members have to say about how we've helped them ...". The ad featured several before and after pictures and stated "I lost 3 and a half stones, plus I've kept it off for 2 years!" and "I was nervous at first but now I love it and I lost 2 stones in 12 weeks!".
Claims on bootcampeastlondon.com/success-stories, promoting "Success Stories", featured before and after images.
Issue
The complainant challenged whether:
1. the claims that the Smash The Fat method could achieve weight and fat loss were supported by rigorous trials and could show that the weight loss was achieved by loss of body fat;
2. the Diet Club offered a nutritionally well balanced diet plan;
3. the Smash The Fat method was a treatment for obesity which was advertised to the public, and whether it was therefore to be used under suitably qualified supervision, because the complainant believed the before and after images depicted people who were obese;
4. the claim that the advertiser was "one of London's top Fat Loss Expert's ... after being named one of the World Fitness Elite Trainers of the Year in The Independent and USA Today" was misleading and could be substantiated; and
5. the claim "Who else wants to drop a clothes size in 28 days ... GUARANTEED?" constituted a breach of the Code, because it implied that precise amounts of weight could be lost within a stated period.
Response
1. Smash Training t/a Smash the Fat (Smash Training) stated the Smash The Fat method was a combination of strength and interval training geared towards increasing muscle mass and cardiovascular fitness respectively, along with dietary advice that was appropriate for those wishing to lose body fat and keep it off. They provided links to the abstracts of two relevant papers: "Effect of 6-month adherence to a very low carbohydrate diet program" and "A low-carbohydrate, ketogenic diet versus a low-fat diet to treat obesity and hyperlipidemia: a randomized, controlled trial", which was carried out over 24 weeks. They referred to a list of research papers collated by the Nutrition & Metabolism Society (NMS), based in the USA. They also provided an Excel spreadsheet listing 25 trials which compared low-carb and low-fat diets. They maintained the trials indicated that those who ate more fat became slimmer. Their dietary advice, they stated, was primarily based on trials conducted by Duke University's Lifestyle Clinic, which showed that any weight lost using the trialled dietary approach was primarily due to fat loss. They added that that method outperformed other dietary approaches.
They also provided a link to the summary of an article entitled "Obesity and energy balance: is the tail wagging the dog?". They stated that those decreasing in total weight ended up with an intake of energy that was lower than their output. However, they believed that the cause was a biochemical change in the person due to eating certain foodstuffs.
During the investigation, Smash Training stated they would remove the claim "drop a clothes size in 28 days" and a video entitled "Why Calories Don't Count". They considered that the claim "Eat fat and get slim" was a reference to the evidence relating to the efficacy of low-carb diets. They maintained the claim "Who wants to be in a diet club where you don't count calories" was also supported by the evidence provided.
They added that they made the claim "No Sit-Ups! No shouting!" because they did not do any sit-ups in their classes, and did not shout, as they did not consider that encouraged their members. They stated that the exercise, strength and interval training offered was designed to help tone, increase muscle mass and improve cardiovascular fitness. They considered the claim "Slim down, tone up, feel great" referred to the diet they recommended, which they considered the best starting point for weight loss. They believed that exercise alone was not particularly effective for weight loss and referred to a 1998 study, "Influence of diet and/or exercise on body composition and cardiorespiratory fitness in obese women" and a second "Weight Loss, exercise, or both and physical function in obese older adults".
2. Smash Training reiterated that their dietary advice was primarily based on evidence from Duke University, which they considered showed that their diet plan was nutritionally well-balanced. They added that their dietary advice was verified by their medical and scientific ambassadors. They also provided a sample of their dietary advice, which set out three meals and snacks over a seven-day period, where three of the days were 'workout days'.
They considered that the evidence referred to under point 1 supported the claims "Eat Fat and Get Slim!" and "Why Calories Don't Count" and considered that government guidance was not in line with the most recent medical and scientific research. They considered the diet they prescribed was well-balanced and healthier than the NHS guidance on eating well and losing weight.
3. Smash Training did not consider that their advertising offered a treatment for obesity and stated the ad was showing potential customers what was possible with their method. They said they always recommended that those who were obese should consult with their General Practitioner (GP) before and during their time with Smash The Fat, and that information was set out in the website's terms and conditions and physical activity readiness questionnaires.
They stated that Sam Feltham was a qualified Master Personal Trainer through the European Institute of Fitness where one of the modules undertaken was Special Populations which included obese persons. They provided the relevant certification.
4. Smash Training provided press cuttings from The Independent and USA Today which referred to Sam Feltham as World Fitness Elite Trainer of the Year. The information also appeared on the World Fitness Elite website. They stated Sam Feltham was a qualified Master Personal Trainer through the European Institute of Fitness and had studied Nutrition & Weight Management which included study on reducing body fat. They added that Sam had been featured in many media outlets. They stated that Zest magazine, a discontinued women's fitness magazine, had referred to Sam in 2014 as "one of London's top Fat Loss Experts". They provided links to Sam Feltham's TV and blog appearances.
5. They considered that the claim "Who else wants to drop a clothes size in 28 days ... GUARANTEED?" was a question inviting potential customers to their programme and stated that all clients who had followed their diet and exercise regime dropped at least a clothes size in 28 days. They provided some testimonials in support of the programme. They considered that, if followed to the letter, at the end of the initial 28 days, an individual would typically achieve a drop of two inches from the waist and/or hips, which amounted to a a drop in clothes size. During the investigation, they confirmed the claim had been removed and they had amended the website to state "Join 100's [sic] of people who have had dramatic transformations with us!".
Assessment
1. Upheld
We considered that claims such as "Eat fat and get slim", "drop a clothes size in 28 days ... Guaranteed", "No Sit-Ups! No shouting! Slim Down, Tone Up, Feel Great", as well as the website's overall impression, implied that the Smash The Fat method could achieve weight and fat loss. We understood that an exercise regime could contribute to aiding weight loss.
We understood that the dietary element of the Smash The Fat method was a low carbohydrate (low-carb) diet.
We considered that the abstracts provided ("Effect of 6-month adherence to a very low carbohydrate diet program" and "A low-carbohydrate, ketogenic diet versus a low-fat diet to treat obesity and hyperlipidemia: a randomized, controlled trial") indicated that low carbohydrate diets led to weight loss, but the abstracts also stated that further controlled research was warranted before the effects could be definitively attributed to a low-carb diet.
We also took account of the trials listed in the Excel spreadsheet, which compared low-fat and low-carb diets, and the research papers listed by the Nutrition & Metabolism Society (NMS), which described itself as a health organisation which did not seek to advocate any specific dietary strategy, but believed that the therapeutic potential of low carbohydrate diets for the treatment of obesity, diabetes and cardiovascular disease was under-investigated and under-utilised.
We considered that the ad's claims did not relate to a comparison between a low-carb and low-fat diets, but promoted weight loss offered by the Smash the Fat method. We noted that some studies listed by NMS were no longer available and some studies were not trialled on humans, or were inconclusive. A high number of the remaining studies listed by NMS and some trials listed on the Excel spreadsheet did not directly consider whether the effects of a low-carb diet could achieve weight loss. However, some remaining studies listed did generally indicate that a low-carb diet had been found to achieve weight loss.
Notwithstanding that, we noted we had not seen any evidence which showed how the diets trialled in the listed papers equated to the dietary element of the Smash The Fat method, and whether, for example, the Smash The Fat method offered diet plans which were similar in terms of nutrition or calorie content and which relied on similar methodology to the diets in the trials. In addition, we had not seen any trials on the specific impact of the combined exercise and dietary elements of the Smash The Fat method in relation to weight loss.
Moreover, we had not seen evidence to suggest that either a low-carb diet or the Smash The Fat programme achieved weight loss within the time periods listed in the ad. For example, we did not consider there was sufficient evidence to show that the Smash The Fat method could guarantee and achieve weight loss quickly, as the claim "drop a clothes size in 28 days ... GUARANTEED" implied, or that the method could achieve weight loss without reducing calorie intake, as the claims "Eat Fat and Get Slim!" and "Why Calories Don't Count" implied. In addition, we understood that the Smash The Fat method involved exercise as well as diet and, although we acknowledged that the claim "No Sit-Ups! No shouting!" was intended to relate to the specific nature of the exercised offered, we considered that some consumers would understand that exercise was not a significant part of the Smash The Fat method.
Because we considered that the claims about the effectiveness and action of the Smash The Fat method implied it could achieve quick weight and fat loss, but were not supported by the evidence we had seen, we concluded that the claims were likely to mislead.
On that point, the claim breached CAP Code (Edition 12) rule 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. (Weight control and slimming).
2. Upheld
The sample meal plan provided included suggested meals for breakfast, lunch and dinner, as well as snacks on exercise days and rest days. We understood that the dietary advice promoted a low-carb diet. Although the advertisers maintained their diet plan had been verified by medical professionals, who specialised in the field of sport particularly, we noted that NHS advice on losing weight and eating well currently stated "To have a healthy, balanced diet, people should try to eat plenty of fruit and vegetables; plenty of starchy foods, such as bread, rice, potatoes and pasta; some meat, fish, eggs, beans and other non-dairy sources of protein; some milk and dairy foods, and just a small amount of food and drinks that are high in fat and/or sugar". We were therefore concerned that the Smash The Fat low-carb diet plan was not in line with the government's recommendation regarding a well-balanced diet. Although we acknowledged that some of the research listed by the NMS had considered the safety implications of a low-carb diet, in light of the government's current guidelines, we understood that a low-carb diet was unlikely to be considered the basis of a nutritionally well-balanced diet and therefore concluded that the claims were in breach of the Code.
On that point, the claim breached CAP Code (Edition 12) rule 13.5 13.5 Marketers must be able to show that their diet plans are nutritionally well-balanced (except for producing a deficit of energy) and that must be assessed in relation to the category of person who would use them. (Weight control and slimming).
3. Upheld
The website did not expressly state that the Smash The Fat method was a specialist method aimed at dealing with obesity and understood that the advertisers always recommended that those who were obese should consult with their GP before undertaking the Smash The Fat method.
However, we considered that the website depicted obese subjects and quoted testimonials which referred to excessive weight loss, such as "I lost 3 and a half stones, plus I've kept it off for 2 years!" and "I was nervous at first but now I love it and I lost 2 stones in 12 weeks!". We considered that the references to losing several stone would be understood to mean that the Smash The Fat method was capable of reducing the weight of adults with a Body Mass Index of more than 30 kg/m2 and who were therefore obese, and could be used as a treatment for obesity
We further understood that, because of the nature of obesity and the associated likelihood of other medical conditions, any initial and/or follow-up assessment by any health professional who was not a direct member of the customer's GP team could not be considered adequate medical supervision. Although we acknowledged that Sam Feltham had studied obesity as part of his personal training qualification, in light of the nature of obesity, we considered that was not sufficient to be considered a suitable qualification in itself for the treatment for obesity.
Because we considered that the website implied the Smash The Fat method could be used as a treatment for obesity, and had not seen sufficient evidence to support that it was used under suitably qualified supervision, we concluded that the website was in breach of the Code.
On that point, the claim breached CAP Code (Edition 12) rule 13.2 13.2 Obesity in adults is defined by a Body Mass Index (BMI) of more than 30 kg/m2. Obesity is frequently associated with a medical condition and, except where stated in 13.2.1, a treatment for it must not be advertised to the public unless it is to be used under suitably qualified supervision. Non-prescription medicines that are indicated for the treatment of obesity and that require the involvement of a pharmacist in the sale or supply of the medicine may nevertheless be advertised to the public. (Weight control and slimming).
4. Not upheld
We considered that consumers would understand from the claim that the advertiser was "one of London's top Fat Loss Expert's", because he had been named as "one of the World Fitness Elite Trainers of the Year". We noted that the documentation provided showed that Sam Feltham had been named a World Fitness Elite Trainer of the Year and concluded that the claim was not misleading.
On that point, we investigated the claims 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.
5. Upheld
We considered that consumers would understand the claim "Who else wants to drop a clothes size in 28 days ... GUARANTEED?" to be a rhetorical question and advertising claim that those who followed the Smash The Fat programme would drop one clothes size in 28 days. We recognised that the amount of weight loss which equated to one clothes or dress size would depend on a number of variables, including, for example, height, body shape and, potentially, different garments.
However, we considered that individuals would nonetheless understand "one clothes size" to represent a tangible, and therefore specific, amount of weight that they would personally lose "in 28 days" if they followed the advertisers' programme. We therefore considered that "Who else wants to drop a clothes size in 28 days ... GUARANTEED" would be interpreted as a claim that people could lose a precise amount of weight within a stated period and concluded it was therefore in breach of the advertising Code.
On that point, the claim breached CAP Code (Edition 12) rule 13.9 13.9 Marketing communications must not contain claims that people can lose precise amounts of weight within a stated period or, except for marketing communications for surgical clinics, establishments and the like that comply with rule 12.3, that weight or fat can be lost from specific parts of the body. (Weight control and slimming).
Action
The claims must not appear again in their current form. We told the advertisers to ensure they held sufficient evidence to support their claims, that their diet plans were nutritionally well-balanced, that they did not include claims implying that their method was a treatment for obesity, unless it was to be used under suitably qualified supervision, such as by a GP, and that they did not make claims that people could lose precise amounts of weight within a stated period.
