Ad description

A TV ad for a weight loss programme DVD showed "before" and "after" images of Vicky Pattison whilst the voice-over stated, "Here's Vicky from Geordie Shore before she found 7 Day Slim: now look at her!". The ad then showed Vicky Pattison stating "I've lost three stone with this DVD", whilst a number of people could be seen exercising in the background. On-screen text visible during the "before" and "after" images up until the exercise scene stated "Weight lost over six months. Works as part of a calorie controlled diet." The ad ended with another "before" and "after" photo alongside an image of the DVD packaging, accompanied by the voice-over statement "Vicky's 7 Day Slim".

Issue

The complainant challenged whether the ad was misleading because it implied that weight loss could be achieved at a rate of three stone in seven days through use of the product.

Response

Universal Pictures (UK) Ltd did not consider that viewers would understand from the ad that weight loss of three stone could occur in seven days. They explained that the product name "7 Day Slim" referred to a weekly cycle of seven workouts to be repeated over time in order to achieve significant weight loss. They felt that the on-screen text stating that Vicky Pattison's weight was lost over a period of six months was sufficiently prominent to qualify any claim that might be attributed to the name "7 Day Slim", including any claim that weight could be lost at a rate of three stone in seven days.

Clearcast noted that the "7 Day Slim" programme included a series of ten-minute workouts designed to be followed every day over a period of weeks, building in intensity each week. They stated that there were six levels of difficulty for users to complete over a period of six to twelve weeks, and that the DVD also came with a diet plan to aid weight loss. They said the ad carried clear on-screen text stating that Vicky Pattison's weight had been lost over a period of six months, and noted that that was present at the point in the ad that Vicky Pattison referred to having lost three stone. Clearcast said they considered that that text was sufficient to qualify the basis of the weight-loss claims and that viewers were unlikely to understand that Vicky Pattison could have lost three stone in a week.

Assessment

Upheld

The ASA understood that the product included a series of ten-minute workouts to be followed each day of the week for a number of weeks, building in intensity over time. We noted, however, that that was not communicated in the ad, and in the absence of such an explanation we considered that the product name "7 Day Slim" implied that results, including results similar to those experienced by Vicky Pattison, would be achieved in seven days.

We noted the presence of on-screen text stating "Weight lost over six months. Works as part of a calorie controlled diet", including at the point that Vicky Pattison referred to her own weight loss. However, whilst the text was shown for a time period consistent with the recommended minimum hold duration in industry guidance for text of that length, it was displayed in white against a frequently moving background that was predominantly pale in colour. We considered that those factors were likely to be distracting to viewers and impede their ability to read the text, and that the text was not shown on-screen in such a way as to ensure it was clear and legible. We were also concerned, however, that the reference to weight having been lost over six months was likely to contradict rather than clarify the claim "7 Day Slim" and therefore that the claim could not suitably be qualified in that way.

Because we considered that the ad implied that weight loss similar to that reported by Vicky Pattison could be achieved in seven days through use of the "7 Day Slim" product when that was not the case, we concluded that it was misleading and breached the Code.

The ad breached BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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),  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  and  3.11 3.11 Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  . The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
 (Qualification) and  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration).

Action

The ad must not appear again in its current form.

BCAP Code

3.1     3.10     3.11     3.12     3.9    


More on