Background
This Ruling forms part of a wider piece of work on food supplements that made medical and health claims 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.
Update to Advertising Codes (7 April 2025):
On 7 April 2025, the Advertising Codes were updated to reflect the revocation and restatement of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs – the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived) by the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA).
On that date, the wording of a number of the rules in the Advertising Codes was changed to reflect relevant changes introduced by the DMCCA on 6 April 2025. Given that the complaint that formed the subject of this ruling was received before 7 April 2025, the ASA considered the ad(s) and complaint under the wording of the rules that existed prior to 7 April 2025, and the Ruling (and references to rules within it) should therefore be read in line with this wording, available here – CAP Code and BCAP Code.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Meta ad for Evolution Slimming, a food supplement company, seen in February 2025 featured an image of a container alongside “GLP-1” in large, bold text. The ad also featured the subheading “Natural GLP-1 Secretion Enhancer” in smaller text followed by a list: “Supports blood sugar balance”; “Keeps cravings & appetite in check”; and “Improve metabolic health”.
The caption stated, “Unlock Your Body’s Natural GLP-1 Power with Berberine! Struggling with cravings, blood sugar spikes, or stubborn weight? Berberine is your natural metabolism booster, enhancing GLP-1 secretion to support: Appetite Control – Feel fuller, eat less Balanced Blood Sugar – No more energy crashes Faster Metabolism – Activates AMPK for fat burning and Gut Health Support – Optimizes microbiome for digestion Harness the ancient power of berberine, your body’s natural metabolic switch”.
Issue
The ASA challenged whether the:
- claims relating to the product’s enhancement of GLP-1 secretion, and its effects on the body, breached the Code; and
- specific health claims were authorised on the Great Britain nutrition and health claims register (GB Register).
Response
Evolution Slimming Ltd said that any potential health or medicinal claims made in the ad were entirely unintentional and resulted from an internal oversight, as the ad had not been subject to their full internal compliance review. They said they had already removed the ad from circulation prior to learning of the complaint and that it had only run for a short period. They had strengthened their review processes and trained their team, and would not release any similar ads in future.
Evolution Slimming explained that their intention had been to communicate the ingredient berberine’s role in supporting natural bodily processes, not to suggest the product was equivalent to authorised medicines or treated medical conditions. They confirmed that they did not hold a Marketing Authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA), did not consider the product to be medicinal, and had never marketed it as a treatment or cure for any disease or condition. They accepted that any implied health benefits had to align with the GB Register.
Assessment
1. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods, including food supplements. It also stated that medicinal claims may be made for a medicinal product that was authorised by the MHRA or under the auspices of the EMA. Medicines must have an authorisation from the MHRA or under the auspices of the EMA before they were marketed.
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 injections, which were a class of prescription-only medicines (POMs) used for weight loss. In the context of claims regarding GLP-1, we considered that product claims to reduce hunger or cravings would also be understood as medicinal by presentation.
We considered the following claims in the ad implied that the product had the same weight-loss effects as GLP-1 POMs, used for their weight-loss effects, and therefore were medicinal claims: “GLP-1”, “Natural GLP-1 Secretion Enhancer”, “Supports blood sugar balance”, “Keeps cravings & appetite in check”, “Improve metabolic health”, “Unlock Your Body’s Natural GLP-1 Power with Berberine!”, and "Struggling with cravings, blood sugar spikes, […]? Berberine is your natural metabolism booster, enhancing GLP-1 secretion to support: Appetite Control – Feel fuller, eat less […] Faster Metabolism – Activates AMPK for fat burning”.
We also reviewed the claims: “Supports blood sugar balance”, “Improve metabolic health”, “Struggling with […] stubborn weight?”, “Balanced Blood Sugar – No more energy crashes […] and Gut Health Support – Optimizes microbiome for digestion” and “your body’s natural metabolic switch”. We considered that in the context of an ad that made references to GLP-1, and consequentially made a comparison with POMs used for weight loss, those claims were also medicinal claims.
The claims implied that the product, which was marketed as a food supplement, had medicinal properties. We understood that such claims were, for the purposes of the legislation reflected in the Code, prohibited claims that a food could prevent, treat or cure human disease. Additionally, because the ad made medicinal claims for the product, it was defined as a medicinal product by presentation for the purposes of the medicines legislation reflected in the Code. However, we had not seen evidence that the advertiser held the necessary authorisation and acknowledged Evolution Slimming’s comment that they did not hold such authorisation.
Because the ad implied that a food supplement could prevent, treat or cure human disease, and featured claims that a product had medicinal properties without the necessary authorisation, we concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 12.1, 12.11 (Medicines, medical devices health-related products and beauty products), 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
2. Upheld
The CAP Code further required health claims were only permitted in marketing communications for food or food supplements if they were authorised on the GB Register. Health claims were claims that stated, suggested or implied a relationship between a food or ingredient, and health. Any authorised health claims made in an ad must meet the associated conditions of use.
As referenced above, we considered that in the context of the ad’s references to weight loss and GLP-1, the claims “Supports blood sugar balance”, “Improve metabolic health, “Struggling with […] stubborn weight?”, “Balanced Blood Sugar – No more energy crashes […] and Gut Health Support – Optimizes microbiome for digestion” and “your body’s natural metabolic switch!” would be understood by consumers as claims that the product could prevent, treat or cure human disease.
We considered that if those claims had been presented in isolation, absent of the wider context of references to GLP-1, they would be understood as specific health claims that the product could balance blood sugar, improve metabolic health, remove stubborn weight, prevent energy crashes, support gut health, and optimize the microbiome for better digestion.
However, we had not seen any evidence which demonstrated that any of the specific health claims were authorised on the GB Register in relation to the product or any of its ingredients. Therefore, we concluded that those claims breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 15.1, 15.1.1, and 15.7 (Food, food supplements and associated health or nutrition claims).
Action
The ad must not appear again in the form investigated. We told Evolution Slimming Ltd not to claim that a food supplement could prevent, treat or cure human disease, or make medicinal claims for a product that did not have the necessary authorisation. That included that they must not state that a food supplement could impact GLP-1 production or provide other effects associated with prescription-only medicines used for weight loss. We also told them not to make specific health claims unless they were authorised on the GB Register.
