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
Two paid-for Facebook ads for Myota, a powdered drink company, seen on 18 February 2025:
a. The caption in the first ad stated, “This is the Anti-Snack Drink. Myota’s Metabolic Booster is clinically proven to reduce blood sugar spikes, curb cravings, and support metabolism—all in one simple, tasteless scoop you can stir into any drink.”
Further text stated, “Here’s how myota can help: [plant emoji] Nature’s GLP-1: Fibre is a 100% natural way to stimulate GLP-1, the hormone that keeps you fuller for longer. [takeaway cup emoji] Curb Your Cravings: Reduces blood sugar spikes & crashes to help stop cravings before they start. […]” and “[fire emoji] Fuel your metabolism, control cravings, and stay fuller longer”.
The ad also contained a video which showed someone scoping power into water, to make the drink, then drinking it, whilst overlaid text stated, “No more cravings [crossed arms emoji]”, “Stable appetite [smirk emoji] and “Stable energy levels [lightning emoji]”.
b. The caption in the second ad stated, “No side effects, no injections, just natural fibre”. The ad contained an image of a bag of Myota powder, and text which stated “like GLP-1 drugs just natural”, “improve DIGESTION” and “Boosts GLP1-production […]”.
Issue
The ASA challenged whether the:
- claims relating to the product's stimulation of production of GLP-1, and its effects on the body, breached the Code; and
- specific health claims were authorised on the GB nutrition and health claims Register.
Response
1. Myota GmbH said that after being contacted about the ASA’s investigation, they had reviewed their marketing materials and removed content that could potentially be interpreted as making medicinal claims. They said they had specifically removed references relating to GLP-1. They said they had taken action to ensure their future advertising complied with the relevant rules, and would work with regulatory experts to audit their future marketing.
2. They said they had reviewed and amended the claims to ensure compliance with the GB nutrition and health claims register (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 licensed by the MHRA or under the auspices of the EMA. Medicines must have a license 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 because they 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 implied that the Myota’s Metabolic Booster had the same weight-loss effects as GLP-1 POMs, used for their weight-loss effects, and therefore were medicinal claims: “curb cravings”, “Nature’s GLP-1: Fibre is a 100% natural way to stimulate GLP-1, the hormone that keeps you fuller for longer”, Curb Your Cravings”, “help stop cravings before they start”, “control cravings, and stay fuller longer” and “No more cravings”, in ad (a); and “No side effects, no injections”, “like GLP-1 drugs just natural” and “Boosts GLP1-production” in ad (b).
We also reviewed the claims “reduce blood sugar spikes” and “Reduces blood sugar spikes” in ad (a), and “improve DIGESTION” in ad (b). We considered that in the context of an ad that made reference 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 products, which were generally marketed as food supplements, 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 ads made medicinal claims for the products, they were defined as medicinal products 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.
Because the ads 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 they breached the Code.
On that point, ads (a) and (b) 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 that 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.
Ad (a) included the claims, “Metabolic Booster”, “support metabolism”, “Fuel your metabolism” and “Stable energy levels”, “Anti-Snack drink” and “Stable appetite”. We considered those claims would be understood as meaning that the product had a beneficial health effect on the metabolic system, energy levels and appetite. They were therefore specific health claims for the purposes of the Code.
Additionally, as referenced above, we considered that in the context of the ad’s references to weight loss and GLP-1, the claims “reduce blood sugar spikes” and “Reduces blood sugar spikes” in ad (a) and “improve DIGESTION” in ad (b) would be understood by consumers as claims that the product could prevent, treat or cure human disease. However, 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 Myota could reduce blood sugar spikes, improve digestion and provide a metabolic boost.
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 Myota products or any of the ingredients included in them. Therefore, we concluded that those claims breached the Code.
On that point, ads (a) and (b) 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 ads must not appear again in the form complained of. We told Myota GmbH 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.
