Background
This ruling forms part of a wider piece of work on prescription-only medicines (POMs) used for weight loss, identified for investigation following complaints received. See also related rulings published on 9 July 2025 and 17 December 2025.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Issue
- One complainant, who believed the ad suggested that new mothers should prioritise weight loss after birth which exploited their insecurities around body image, challenged whether the ad was irresponsible.
- The ASA challenged whether the ad breached the Code because it promoted (POMs) to the public.
Response
1. MedExpress Enterprises Ltd t/a MedExpress said the ad was intended to support women who had given birth, who may be struggling with their weight-loss journey and to provide options to support them in that. The messaging at the end of the ad, “Your weight loss, your way”, had been intended to reiterate their message of empowerment through knowledge and choice, rather than a specific call to action. They believed the ad did not expressly suggest that weight loss was a priority after birth, and did not include any negative connotations about ‘baby weight’. The model featured in the ad did not portray unrealistic body weight expectations.
They also explained that the ad was not targeted by age or gender and there was no intention to cause harm to any particular group. They said there had been no intention to use gender stereotypes in the ad. While the issue of weight gain following birth was predominately associated with women, the messaging was intended to offer choices to those who may be struggling with changes to their body and looking for assistance or at least options in their own weight loss journey. They said data showed the ad had been visible to all genders including over 200,000 men.
2. MedExpress said the ad made no reference to any POMs and included text stating that all medication would be prescribed subject to an assessment by a certificated healthcare professional to confirm a consumer’s suitability for a chosen treatment. The ad made reference to the consultation and guided users to the landing page which offered information to individuals about the weight loss treatments that may be available to them and included references to both POMs and over-the-counter (OTC) treatment options. They said the landing page primarily signalled for consumers to start a consultation to assess their eligibility, while also providing them with information on both POM and OTC options.
Assessment
1. Upheld
The CAP Code required that marketing communications must be prepared with a sense of responsibility to consumers and to society and should not include gender stereotypes that were likely to cause harm, or serious or widespread offence.
The ASA acknowledged that women may already be body conscious because of pre-existing societal pressure and that any concerns and anxieties about their weight were likely to have been heightened after giving birth.
The ad included the text, “I wish I knew sooner that I could lose post-baby weight with a medicated weight loss treatment from MedExpress” along with images of a woman viewing herself in a mirror. We considered that the ad suggested that an earlier opportunity to lose post-partum weight with weight-loss medication had been lost, implying that the woman had a sense of regret, and that there was an implication that new mothers should prioritise losing weight soon after the birth of their child.
We considered the ad, which encouraged new mothers to prioritise losing weight using weight-loss medication, that we understood carried safety warnings for people who were breast-feeding, exploited their insecurities about body image and perpetuated pressure for them to conform to body image stereotypes. For those reasons, we concluded the ad was irresponsible, included a harmful gender stereotype and therefore breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 1.3 (Social Responsibility) and 4.9 (Harm and Offence).
2. Upheld
The CAP Code stated that POMs or prescription-only medical treatments must not be advertised to the public.
The ad referred to “a medicated weight loss treatment from MedExpress” and at the end showed two blue packs with MedExpress branding. The ad linked to a landing page on MedExpress’ website, via a pop-up box that required consumers to confirm that they were over 18, that featured two branded medical injection pens with the text “Mounjaro” and “Wegovy”. The ASA understood Mounjaro (tirzepatide) and Wegovy (semaglutide) were classed as POMs.
We acknowledged that the ad did not include a named POM, and that from the ad the user was first directed through an age gate. However, we considered that the age gate functioned as a means of asking the user to confirm that they were old enough to use the site’s services before continuing to the landing page. We also acknowledged that the landing page that linked from the age gate also included the option of an OTC weight-loss treatment, and that all treatments required an online consultation. However, we considered that in providing a link to a landing page that featured a named POM, the paid-for Instagram ad advertised POMs.
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., information about “Mounjaro” and “Wegovy”) 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.
For those reasons, we considered that the ad had advertised POMs to the public and concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 12.12 (Medicines, medical devices, health-related products and beauty products).
