Faux-zempic products are products that claim or imply that they have a similar effect to Ozempic, a weight loss prescription-only medicine (POM) injection. The ASA has considered several complaints about food supplements that have purported to provide similar results to this medicine.
For context, the CAP Code expressly prohibits POMs from being advertised to the public (rule 12.12). The ASA’s Active Ad Monitoring system identified ads where food supplements were presented as offering the same benefits as POMs, making medical and health claims for weight loss, leading to a number of rulings.
Furthermore, marketers should not claim that a food supplement can prevent, treat or cure human disease, or make medicinal claims for a product that does not have the necessary authorisation. Read on to see some of the rulings in this area, and if you still want more, our Weight control: Food and Food Supplements guidance expands on the subject.
GLP-none
In rulings on ads from Evolution Slimming Ltd and The Clean Supps LLC, the ASA considered that claims relating to a supplement having an effect on GLP-1 production were medicinal claims that suggested an efficacy comparison to GLP-1 POM injections for weight loss, thus breaching the Code.
As you may be aware, in order to make medicinal claims in ads, you have to obtain the appropriate licence and marketing authorisation before selling or marketing that medicinal product in the UK. If you don’t have the licence and authorisation, you can’t make the claim!
Say no to faux
Similarly, the ASA considered consumers likely to understand references to “Faux-Zempic” in ads from Arrae Inc to suggest an equivalence to Ozempic. Likewise, Ovira Australia presented their product alongside a description of “OZEMP*C”, prompting a comparison. Again, the ASA ruled the claims medicinal.
Curb your enthusiasm
In the context of ads from Myota GmbH and Ovira Australia, claims to curb cravings were also considered to imply that products had the same effects as POMs and were therefore medicinal.
It’s important to remember that implied ads for POMs may be just as likely to breach rule 12.12 as an obvious ad for a POM.
It's all in a name
Not only does the Code require that health claims are only permitted in marketing communications for food or food supplements if they are authorised on the GB Register, but that also includes health claims made in product names. The ASA ruled that Ovira Australia’s product name, “Curb Crave”, would be understood as a specific health claim that the product could curb food cravings.
Doctor no
These rulings are also a reminder that marketers of food supplements should not refer to the recommendation of health professionals and that the use of health professionals to endorse medicines is prohibited. The ASA ruled against the use of doctor endorsements by both Ovira Australia and The Clean Supps LLC.
Remember, our Copy Advice team are here with advice supplements for your campaigns. Faux real.
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