Ad description

A social media page for LighterLife featured 'before and after' images of the actress Denise Welch and text that stated "DENISE LOST 2st IN JUST 2 MONTHS". Further 'before and after' images of other women were included, for example, an image of 'Janet Nadolski' was displayed alongside text that stated "Go Janet!  Janet Nadolski continues to keep off her weight 3 years later with our Management programme. She originally lost 3st 9lb in just 5 and a half months with LighterLife".

Issue

The complainant challenged whether the ad, which featured claims for individuals to have lost specific amounts of weight in a given period, complied with the rules on weight-loss advertising.

Response

LighterLife UK Ltd confirmed that the rate of weight loss for Denise Welch was greater than 2 lb (c. 90 g) a week.  Ms Welch was classified as being 'overweight', with a raised waist circumference, which was considered 'very high'.  They explained that the National Institute for Health and Clinical Excellence (NICE) guidance stated that waist circumference may be used, in addition to Body Mass Index (BMI), in people with a BMI less than 35 kg/m² to measure 'overweight' or 'obesity', because it offered a more direct indication of the amount of fat a person carried.  An assessment of the health risks associated with both of these factors showed that Ms Welch was at 'high risk' of associated health problems.  LighterLife explained that Ms Welch's rate of weight loss was in line with expected results for those on a Very Low Calorie Diet (VLCD) programme and, while the rate was greater than 2 lb a week, this did not mean that it was incompatible with good medical and nutritional practice.

LighterLife confirmed that Janet Nadolski was 'obese' when she began her weight management programme.  Ms Nadolski's rate of weight loss was greater than 2 lb a week during the early stages of dieting (the first three weeks), which they believed was in line with the requirements of the CAP Code and compatible with good medical and nutritional practice.  On average, she lost 2 lb a week throughout the remainder of her weight loss phase.   They explained that weight change data was recorded for all LighterLife clients during their weekly weigh-in at a LighterLife centre and they were confident that the advertised rate of loss for Ms Nadolski was accurate.

They explained that all clients undertook an initial medical screening and assessment with LighterLife when starting or restarting any programme. They only accepted those overweight or obese clients onto a programme without medical supervision who did not have any co-morbid conditions, although all clients were advised to seek and follow medical advice from their own general practitioner (GP) before starting a programme.  Anyone who may have co-morbid conditions had to obtain approval from their GP before beginning a programme and have continued medical supervision from their prescribing physician or practice nurse at their registered surgery while following the programme.  They added, however, that the vast majority of clients who were referred onto their programme did not have any obesity-related co-morbidities.  

LighterLife understood that NICE guidelines stated that a diet of less than 600 kcal per day should be used only under clinical supervision.  They explained that the minimum daily intake for those on a VLCD LighterLife programme was greater than 600 kcal and those who required medical supervision received it, in line with their company policy.  They added that all clients were responsibly monitored throughout the programme, including weekly weight monitoring and/or monthly medical screening checks.

They asserted that all legal requirements in relation to their programmes were complied with and that recognised best practice, together with ethical and responsible standards and procedures, was followed.

Assessment

Upheld

The ASA noted the CAP Code stated that claims for an individual to have 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.  

We understood that Denise Welch had been classed as overweight when her weight loss programme began and also that her waist circumference was very high, which put her at high risk of health problems.  However, the Code specified that for those who were normally overweight, a rate of weight loss greater than 2 lb a week was unlikely to be compatible with good medical and nutritional practice.  While we understood that LighterLife had given an account of the actual rate of weight loss experienced by Ms Welch, we noted the rate advertised was greater than 2 lb per week.  We had not seen evidence to demonstrate that the rate of loss experienced by Ms Welch was compatible with Code requirements.

Janet Nadowski was classed as 'obese' when her programme began.  The CAP Code explained that obesity was frequently associated with a medical condition, and specified that a treatment for it must not be advertised to the public unless it was to be used under suitably qualified supervision.  We considered that an adequate level of supervision for obese clients on the LighterLife VLCD would be that of the client's GP, or under the direct authority of the GP.

LighterLife had explained that those who were obese with co-morbid conditions had continued medical supervision from their prescribing physician or practice nurse at their registered surgery while on the LighterLife programme and we considered that this represented suitably qualified supervision.   We were concerned, however, that those who were obese without co-morbid conditions were accepted onto the programme without the same level of medical supervision in all cases.  The ad featured the experience of an obese individual, and claimed that she had lost 3 st 9 lb in 5.5 months.  Because the Lighterlife VLCD programme, however, was not always carried out under the supervision of a client's GP or under their direct authority, we considered that the ad had not complied with the requirements of the Code by offering a treatment for obesity which was not always used under suitably qualified supervision.  

The advertised rate of weight loss for Ms Nadowski was greater than 2 lb a week during the initial three weeks of her dieting.  The Code specified that a rate of weight loss greater than 2 lb a week could be compatible with good medical and nutritional practice in the early stages of dieting for those who were obese, but also stated that only treatments for obesity that were used under suitably qualified supervision could be advertised to the public.  Although we understood that the advertised rate of weight lost by Ms Nadowski accurately represented her experience, we were concerned that obese individuals participating in the Lighterlife VLCD programme were not monitored under suitably qualified supervision in all cases and had not seen evidence to demonstrate that this rate of loss was compatible with good medical and nutritional practice for them.

We concluded that the ad had not complied with the rules on weight-loss advertising.

The ad breached CAP Code rules  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.  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

The ad must not appear again in its current form.  We told LighterLife UK Ltd to ensure that rates of weight loss were compatible with good medical and nutritional practice and that treatments for obesity were not advertised to the public without suitably qualified supervision.

CAP Code (Edition 12)

13.10     13.2    


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