Background

Summary of Council decision:

Four issues were investigated, of which all were Upheld.

Ad description

Claims on http://nutritionregister.com/for-nutritionists promoted an international register and training for nutritionists. The section headed "CLIENTS & TESTIMONIALS" stated "Over 2000 students & 3500 Registered Nutritionists internationally", and a testimonial from "Dr. Mohammad Sutil, Practise [sic] Partner, NHS" was included, as well as logos from "Northern Health and Social Care Trust", "London North West Healthcare", "Sheffield City Council" and "Amazon Local". The website featured addresses for the "UK & Ireland Head Office, UAE Admissions, South Africa Admissions and Canada & USA Admissions".

Issue

Association for Nutrition, a voluntary regulator for qualified nutritionists, challenged whether:

1. the claim "over 2000 students and 3500 Registered Nutritionists internationally" was misleading and could be substantiated;

2. the testimonial from "Dr Mohammad Sutil, Practise [sic] Partner, NHS", was genuine, because the complainant understood he was not registered as a medical practitioner with the GMC;

3. the use of the logos was misleading and could substantiated, because they believed the advertisers had not been endorsed by the organisations represented;

4. the addresses provided for the head office and overseas admissions departments were misleading, because they understood the advertisers did not have a presence in those locations.

Response

Fitness Industry Training (UK) Ltd, trading as Register for Nutrition, did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Fitness Industry Training (UK) Ltd's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.

1., 3. & 4. Upheld

We had not seen evidence showing the number of students and registered nutritionists registered with http://nutritionregister.com, and therefore considered that the claim "over 2000 students and 3500 Registered Nutritionists internationally" was misleading.

In addition, we had not seen evidence that the advertisers had been endorsed by HSC Northern Health and Social Care Trust, NHS London North West Healthcare, Sheffield City Council, Amazon Local and Power House Bodybuilding Equipment, whose logos were featured in the ad, or that they had a presence in the addresses in London, Dubai, Cape Town and Toronto, which were listed as their head office and overseas admissions departments. We therefore concluded that the claims were misleading.

On those points the ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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) and  3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation.  (Endorsements and testimonials).

2. Upheld

We had not seen evidence that the testimonial provided was from Dr Mohammad Sutil, or that "Dr Sutil" was a medical practitioner registered with the GMC. We therefore considered it was misleading to attribute the testimonial to "Dr Mohammad Sutil, Practise [sic] Partner, NHS" and concluded the claim was misleading.

On that point the ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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),  3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it.  and  3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation.  (Endorsements and testimonials).

Action

The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.

CAP Code (Edition 12)

3.1     3.33     3.45     3.50     3.7    


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