Ad description
An ad on a discount website, viewed on 31st August, 2011, was headed "Six Sessions of IBE Breast Enhancement for £99 at Beautopia Spa (£1200 value)". Further text stated "Highlights, Microbeam energy technology, Designed to lift or enhance breasts, Discretion and confidentiality assured". Text headed "Fine Print" included "Typical growth between a 1/4 and 2 cup sizes within 5-8 weeks. Individual results may vary. 2-4 weeks between appointments".
Issue
The complainant challenged whether the claim "Typical growth between a 1/4 and 2 cup sizes within 5-8 weeks" was misleading and could be substantiated, as when she attended the spa she was told it would take a greater number of treatments to achieve more than ¼ cup size increase.
Response
MyCityDeal Ltd t/a Groupon UK (Groupon) said that the figures given for typical growth were based on previous results attained by the spa. Groupon said that they believed the promotion made clear that results would vary depending on the client by using the word "typical" and stating that "individual results may vary". They provided patient data obtained from the spa saying it showed the results of IBE Breast Enhancement on six patients. These recorded a range in growth of between one-quarter and one cup size after between five and six treatments, and were signed by the patient and a spa employee.
Assessment
Upheld
The ASA considered that consumers would expect the claim that IBE Breast Enhancement was capable of achieving breast growth, and that customers would achieve typical growth of between one quarter and 2 cup sizes in 5–6 weeks to be backed by robust scientific evidence, and that the use of the word "typical" would be interpreted to mean that the majority of women would achieve this result. We noted that the ad included a disclaimer that individual results may vary, and that Groupon said they had based the claim on previous results attained by the spa. However, we considered that patient data for six patients, provided by the spa carrying out the treatments, was not sufficient evidence to substantiate the claim that the treatment was capable of achieving breast growth. As a result we concluded that the ad was misleading.
The ad breached CAP Codes (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),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration) and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, health-related products and beauty products).
Action
The promotion must not appear again in its current form.
