Background
This Ruling forms part of a wider piece of work on prescription-only medicines (POMs) used for weight loss. The ads were identified for investigation following intelligence gathering by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules.
Ad description
A paid-for Meta ad for CheqUp, seen on 2 October 2024, stated, “CheqUp weight loss […] Take the first step to sustainable weight loss with CheqUp […] The UK’s most effective weight loss treatment […] Weight Loss Treatment from £37.25/week […] No GP or pharmacy visit, just a 2 minute online consultation […]”.
Issue
The ASA challenged whether the ad breached the Code because it promoted POMs to the public.
Response
CheqUp Health Ltd believed the ad had been created in line with what had become widespread industry practice in the weight loss sector. Upon being made aware of the complaint, they had reviewed their advertising practices and implemented several measures, including the withdrawal of all current ads from Meta platforms, the removal of the landing page identified in the complaint, an internal audit of all marketing materials, additional compliance training for members of the marketing team, and a new sign-off process involving senior members of staff. They also assured the ASA that the ad would not appear again.
Assessment
Upheld
The CAP Code stated that POMs (prescription-only medicines) or prescription-only medical treatments must not be advertised to the public.
The ad stated that consumers would not need to visit a GP or pharmacy and included multiple references to “weight loss treatment”. While the ad did not contain a direct reference to a POM, it linked to a landing page which prominently featured an image of a medical injection pen with the word Mounjaro on it, and accompanying headline text which stated, “Mounjaro Weight Loss Injections”, under which further text stated, “Lose up to 25% of your body weight […] Weekly injection that supresses appetite and reduces cravings”. The ASA understood that all injectable forms of weight-loss medication, including Mounjaro, were POMs.
A heading further down the page stated “Mounjaro information” and included several questions and answers about what Mounjaro was, how it was used and the results that could be expected. Although the landing page featured text stating, “1. Check your eligibility” and referred to a 2-minute online consultation, it also featured text next to that which stated, “2. Choose treatment. Select from our recommended UK-licensed weight loss pens”. Because of that, and the fact that the landing page did not feature any other weight-loss treatments, we considered that there was a clear implication that Mounjaro or another weight-loss injectable pen, which were all POMs, would be the outcome of the online consultation. We therefore considered the ad promoted POMs to the public.
We sought advice from the Medicines & Healthcare products Regulatory Agency (MHRA). They expressed concern that the proactive provision of a direct link to a webpage or landing page that did not require any searching from the consumer to access that information (i.e., “Mounjaro”) could be analogous to that of a website homepage. MHRA guidance for providers offering medicinal treatment services outlined that homepages should focus on medical conditions and the service provided and should not include any reference to named POMs.
We welcomed CheqUp’s removal of the ad and landing page, and their assurances regarding future compliance with the Code. However, for the above reasons, we considered that the ad had advertised POMs to the public and concluded that it breached the Code.
The ad breached CAP Code (Edition 12) rule 12.12 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in the form complained of. We told Chequp Health Ltd t/a CheqUp not to promote POMs to the public in future.
