Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
An in-app ad and a website for Figur, a manufacturer of ‘weight management’ food supplements:
a. The in-app ad, seen in the “Words with Friends” mobile app on 17 November 2022, featured text that stated “LOSE 4 STONE IN 15 DAYS NO DIET & EXERCISE CLINICALLY TESTED 100% NATURAL NO SIDE EFFECTS”, alongside a side-by-side comparison of images depicting a model who appeared much slimmer on the right than she did on the left.
b. The website www.figur-capsules.co.uk, seen on 2 December 2022, featured the heading “FIGUR (R) - lose weight while maintaining adequate health levels” above text that stated “Loaded with powerful ingredients that help dieters stave off the unpleasant yo-yo effect, FIGUR (R) was specifically created to accelerate fat melt-down, as well as prevent future fat synthesis. While training the body to use fat as an energy source instead of carbohydrates, FIGUR (R) also limits the appetite, prevents hunger cravings, speeds up metabolism and encourages adipose tissue shedding from the most difficult body areas: thighs, tummy, upper arms. Proven to be extremely effective and safe, this new dietary supplement can be of real help for people suffering from overweight [sic]. Why is this important? Because obesity is currently a global epidemic, with huge death rates, as high as 2.8 million adults per year. In this scenario, the market needed a capsule addressing lipid metabolism and preventing further weight gain, to be used in conjunction with healthy lifestyle choices”. A button with text that stated "Buy Now" linked to the website www.prima-abnehmen-shop.com/uk.
Another heading stated “FIGUR (R) – Complex formula – mechanism of action”, above text that included “By training the system to use fat as fuel (the best fuel the body can get), FIGUR (R) supports ketosis, boosts energy and vitality levels, improves sleep and enhances mood […] Among the benefits: […] better sleep, better mood […] less anxiety”.
Under the heading “What is the mix of ingredients made of?”, text stated “Each capsule contains potent concentrations of the following 7 proven substances: […] L-Carnitine – accelerates the fat metabolism, and promotes fatty acids to be used as fuel and generate energy. L-Arginine – promotes muscle, performance and endurance growth. Garcinia Cambogia HCA Extract – contains powerful hydroxy-citric acid, one of the best active ingredients supporting weight loss in both traditional and modern diet therapies. Cayenne pepper – enhances metabolic rate metabolism, while having superior antioxidant and anti-inflammation effects. Helps detox plans and is an excellent ingredients [sic] promoting a better circulatory system. L-Proline – encourages collagen production and a better muscular recovery time. L-Theanine – relieves stress, calms hyperactivity, improves sleep and alleviates diet-induced anxiety. L-Leucine – enhances muscle mass, helps losing fat and regulates glucose levels”.
Issue
The complainant challenged whether ad (a):
1. breached the Code by claiming that individuals could lose precise amounts of weight within a stated period; and
2. promoted a weight loss product in an irresponsible manner.
The ASA challenged whether:
3. the health claims in ad (b) complied with the Code; and
4. the claims in ad (b) that the food helped with obesity, stress, anxiety, and hyperactivity, enhanced mood, and had anti-inflammatory effects, stated or implied that it could prevent, treat or cure human disease.
Response
1. – 4. Premium Health Europe BV and Person(s) unknown t/a Figur did not respond to the ASA's enquiries.
Zynga Inc, the developer of the app the ads were seen in, said that, after their receipt of the complaint, they had blocked the ad from appearing in all apps in their portfolio. In this instance, they were unable to identify which ad network served the ad. They stated that their in-game advertising was largely controlled by several third-party ad networks and that, due to the volume of ads those networks served, it was not feasible for them to manually review every ad that appeared in their apps. However, they did take steps to ensure that the ad networks applied filters to block any ad categories they considered unsuitable for their users, which included ads promoting food supplements and methods of weight loss. In addition, they had an automated system in place that was designed to preliminarily flag ads that were likely to fall under a blocked category. Despite those steps, unsuitable ads from blocked categories could nevertheless appear in some cases, for example if ads had been miscategorised by advertisers themselves.
Assessment
The ASA was concerned by Premium Health Europe BV and Person(s) unknown t/a Figur’s lack of 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 response to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that health claims that referred to a rate or amount of weight loss were not acceptable when made in relation to a food. Ad (a) featured the claim “LOSE 4 STONE IN 15 DAYS”. Claims that consuming a food or food supplement could result in weight loss were health claims. We considered that consumers would understand the claim to mean that users of the advertised product could lose 4 stone in weight within a period of 15 days.
Because ad (a) included a health claim, made in relation to food, that referred to a rate and amount of weight loss, we concluded that it breached the Code.
On that point ad (a) breached CAP Code (Edition 12) rules 15.6 and 15.6.6 (Food, food supplements and associated health and nutrition claims).
2. Upheld
The CAP Code required marketers to ensure that advertising was prepared with a sense of responsibility for consumers and society.
Ad (a) featured text that stated “LOSE 4 STONE IN 15 DAYS” alongside a visual ‘before and after’ comparison depicting a model who had lost a significant amount of weight. The claim had breached the Code by referring to a rate and amount of weight loss in relation to a food. Notwithstanding that, we were concerned that, by referring to a very large amount of weight being lost in a very short timeframe, the ad gave the impression that the dramatic change depicted by the before and after comparison was not only aspirational, but almost immediately achievable. For those reasons, we considered that the ad implicitly encouraged approaches to, and methods of, weight loss that were likely to be harmful to physical health and mental wellbeing. We considered that the text, which stated, “NO DIET OR EXERCISE REQUIRED” gave the impression that supplements alone could deliver rapid weight loss. This further contributed to the irresponsible message that healthier eating and exercise were unnecessary or inconvenient aspects of an individual’s weight loss journey. We further considered that the claim “100% CLINICALLY TESTED”, as well the claim “100% NATURAL” which was unclear in meaning, irresponsibly suggested that methods of rapid weight reduction, performed without medical supervision, could be safe and normal. For those reasons, we concluded that ad (a) promoted a weight loss product in an irresponsible manner.
On that point, ad (a) breached CAP Code (Edition 12) rule 1.3 (Social responsibility).
3. Upheld
The CAP Code required that only health claims authorised on the Great Britain nutrition and health claims register (the GB Register) were permitted in marketing communications for foods. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food or ingredient and health.
Ad (b) featured the following claims in relation to the advertised product’s ingredients: “L-Carnitine – accelerates the fat metabolism, and promotes fatty acids to be used as fuel and generate energy”; “L-Arginine – promotes muscle, performance and endurance growth”; “Garcinia Cambogia HCA Extract – contains powerful hydroxy-citric acid, one of the best active ingredients supporting weight loss in both traditional and modern diet therapies”; “Cayenne pepper – enhances metabolic rate metabolism, while having superior antioxidant […] effects. […] and […] promoting a better circulatory system”; “L-Proline – encourages collagen production and a better muscular recovery time”; “L-Theanine – […] improves sleep […]”; and “L-Leucine – enhances muscle mass, helps losing fat and regulates glucose levels”. In addition, the ad featured the following claims in relation to the product as a whole: “FIGUR (R) was specifically created to accelerate fat melt-down, as well as prevent future fat synthesis. While training the body to use fat as an energy source instead of carbohydrates, FIGUR (R) also limits the appetite, prevents hunger cravings, speeds up metabolism and encourages adipose tissue shedding from the most difficult body areas: thighs, tummy, upper arms”; and “By training the system to use fat as fuel (the best fuel the body can get), FIGUR (R) supports ketosis, boosts energy […] levels, improves sleep and […] Among the benefits: […] better sleep”.
We considered each of the above claims to be a specific health claim for the purposes of the Code. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB Register, or that the advertised product met the conditions of use associated with any authorised health claims.
The CAP Code also stated that general health claims could be made in relation to foods only if they were accompanied by a relevant specific, authorised health claim. General health claims were defined as those referring to a general benefit of a nutrient or food for overall good health or health-related well-being. Ad (b) featured the claims “Helps detox plans” and “Boosts […] vitality levels”, which we considered to be general health claims for the purposes of the Code. However, the ad did not contain any specific authorised health claims.
Because ad (b) featured specific health claims that were not authorised on the GB Register, and general health claims that were not accompanied by a specific authorised health claim, we concluded that it breached the Code.
On that point, ad (b) breached CAP Code (Edition 12) rules 15.1, 15.1.1, 15.2 (Food, food supplements and associated health or nutrition claims), and 15.7 (Food supplements and other vitamins and minerals).
4. Upheld
The CAP Code prohibited claims that stated or implied a food could prevent, treat or cure human disease.
Ad (b) included the claims “enhances mood” and “better mood”, “less anxiety” and “alleviates diet-induced anxiety”, “relieves stress”, and “calms hyperactivity”. We considered that, in the context of the ad, consumers would interpret those claims as meaning that the food could help to improve low mood, and treat anxiety, stress and hyperactivity. In addition, ad (b) featured the claim that cayenne pepper, one of the product’s ingredients, gave rise to “anti-inflammation effects”, which we considered gave the impression that the advertised food product could help to reduce inflammation or swelling. Ad (b) also featured the claim “this new dietary supplement can be of real help for people suffering from overweight [sic]. Why is this important? Because obesity is currently a global epidemic, with huge death rates, as high as 2.8 million adults per year. In this scenario, the market needed a capsule addressing lipid metabolism and preventing further weight gain, to be used in conjunction with healthy lifestyle choices”. We considered that claim gave the impression that the food could help to treat or prevent obesity.
Because each of those claims referred to an adverse health condition, or symptoms of them, we considered that ad (b) featured claims that a food could prevent, treat, or cure human disease, and concluded that it breached the Code.
On that point, ad (b) breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told Premium Health Europe BV and Person(s) unknown t/a Figur not to include health claims that referred to a rate or amount of weight loss in ads for foods, and not to promote weight loss products in an irresponsible manner. We also told them not to claim that a food could treat, prevent, or cure human disease, to ensure that any specific health claims made in relation to foods were authorised on the GB Register and were appropriately worded, and not to include general health claims unless those claims were accompanied by a relevant authorised health claim. We referred the matter to CAP’s Compliance team.
CAP Code (Edition 12)
1.3 15.7 15.1 15.2 15.6 15.1.1 15.6.2 15.6.6
