Ad description
Two WhatsApp broadcast messages and an Instagram Story for The Angel Clinic:
a. The first WhatsApp broadcast message, received on 16 November 2022, included an image of an injection labelled “OZEMPIC (semaglutide) injection”. The message stated “WEIGHTLOSS ONCE A WEEK Injection OZEMPIC available soon at THE ANGEL CLINIC. FDA APPROVED. We only have enough dosage for 10 clients so please message ASAP to be added to waiting list”. There was a before and after image of a woman in a bikini and text above that stated “SHANNON NATALIA – 6 MONTHS, 45LBS”.
b. The second WhatsApp broadcast message, received on 28 November 2022, included text that stated “[…] we can start the fat busting OZEMPIC injection for you tomorrow as well […] I started it Friday morning just got on the scales I’ve lost 3 and a half pounds already it’s great you just don’t fancy food… you eat about a 3rd of your dinner and you have had enough and you just don’t want to pick at bits of crap during the day either or at night […] this weight will be falling off”.
c. The Instagram Story posted on @theangelclinicloughton account, seen on 26 November 2022, featured a speech bubble with text that stated “Ozempic for the win!”.
Issue
The complainant challenged whether the ads breached the Code because they advertised prescription-only medicines to the public.
Response
The Angel Clinic said that they were unaware that their advertising strategy for Ozempic injections was against any regulations. Clients who were interested in the having the advertised injection had a consultation with a registered nurse before any treatments were discussed.
They said that they had deleted all advertising for Ozempic and would not advertise it in future in any form.
Assessment
Upheld
The CAP Code stated that prescription-only medicines or prescription-only medical treatments may not be advertised to the public.
The ASA understood that semaglutide injections (which had the brand name Ozempic) was a prescription-only medicine.
Ads (a) and (b) were WhatsApp broadcast messages sent to contacts of The Angel Clinic. Ad (a) included an image of an injection that was labelled “OZEMPIC (semaglutide) injection”. Ads (a) and (b) included references to Ozempic injections and weight loss. We therefore considered that ads (a) and (b) promoted a prescription-only medicine to the general public.
Ad (c) was visible to anyone visiting The Angel Clinic’s Instagram page during the 24-hour period in which the Instagram Story appeared. The ad stated “Ozempic for the win!”. We therefore considered that ad (c) promoted a prescription-only medicine to the general public.
Whilst we welcomed The Angel Clinics’ willingness to remove the ads, we concluded that they breached the Code.
Ads (a), (b) and (c) breached CAP Code (Edition 12) rule 12.12 12.12 Prescription-only medicines or prescription-only medical treatments may not be advertised to the public. (Medicines, medical devices, health-related products and beauty products).
Action
The ads must not appear again in the forms complained of. We told The Angel Clinic not to promote prescription-only medicines to the general public.
