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:
Three issues were investigated, all of which were Upheld.
Ad description
Two paid-for Meta ads for Inno Supps, a health supplement company, both seen on 18 February 2025:
a. The caption in the first ad stated, “‘Quiet The Food Noise’, Rapidly Boost GLP-1 Production, and Enhance Gut Health with Trimbiome! Our doctor approved formula is designed to: [fire emoji] Prime the gut to burn fat more efficiently [burger emoji] Decrease cravings and ‘quiet the food noise [celebration emoji] Rapidly improve gut health for sustained results [brain emoji] Improve mood and cognition by promoting a healthy gut-brain axis […]”.
The text also stated, “Within just a couple of days of use, our customers usually report: [leaf emoji] Rapidly improved digestion […] An almost immediate reduction of cravings […] Improved Mental Clarity […] Improved Digestion […] ‘you will quickly see why Doctors are saying that it’s one of the most effective formulas on the market’”.
The ad also contained an image of the product container, which contained the text “GLP-1” on the packaging. The image also featured text stating, “TURN OFF HUNGER” and “TURN ON WEIGHT LOSS” next to two phone toggle style switches and “Boost GLP-1 Production Naturally”, “Combat Cravings & Bloating”, Support Healthy Blood Sugar Levels” and “Supercharge Metabolism & Weight Loss”.
Text at the bottom of the ad stated “Rapidly Boost GLP-1 While Improving Gut Health […] Doctor Approved to boost GLP-1”.
b. The ad included the same text as ad (a) and also stated “natural GLP-1 boosting ingredients”. It also contained a video of a man in a white coat with the caption “DR. ALI KAZEMI BOARD-CERTIFIED GASTOENTEROLOGIST” talking in front of search results for “What is Ozempic”, “How does Ozempic work”, “how is mounjaro used” and “What’s the difference between Ozempic and Wegovy”.
The doctor said, “Just like the popular injections such as Ozempic, Mounjaro and Wegovy, Trim Biome GLP-1 activates your anti-hunger hormone naturally, that way you can ignite weight loss and curb cravings without painful injections, sky-high prescription costs or uncomfortable digestive issues. The difference? This revolutionary formula is natural. Trim Biome GLP-1 contains Akkermansia, Berberine and patented ingredients Sukre and Trim Biome. These work to turn your gut into a fat burning furnace to help you lose weight and maintain it long term. Which is why I feel confident that Trim Biome is going to transform weight loss and gut health for millions across the globe […]”.
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;
- the specific health claims were authorised on the GB Register; and3. by including health professional endorsements/recommendations, the ads breached the Code.
Response
The Clean Supps LLC t/a Inno Supps said they had intended to exclude the UK from this ad campaign and had not intended to market their products to UK consumers.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 supplements had the same weight-loss effects as GLP-1 POMs, and therefore were medicinal claims: “Quiet The Food Noise”, “Rapidly Boost GLP-1 Production”, “Prime the gut to burn fat more efficiently”, “Decrease cravings”, “An almost immediate reduction of cravings”, “Boost GLP-1 Production Naturally”, “Combat Cravings & Bloating”, “Rapidly Boost GLP-1, “Improved Digestion” and “Support Healthy Blood Sugar Levels”, in ads (a) and (b); “Supercharge […] Weight Loss” in ad (a); and “natural GLP-1 boosting ingredients”, “ignite weight loss”, “Trim Biome GLP-1 activates your anti-hunger hormone naturally that way you can […] curb cravings without painful injections […]”,“turn your gut into a fat burning furnace to help you lose weight” and “transform weight loss”, as well as the references and comparisons to prescription-only medicines (Ozempic, Wegovy and Mounjaro) in ad (b).
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 Great Britain nutrition and health claims Register (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.
Ads (a) and (b) included the claims “Improve mood and cognition” and “Improved Mental Clarity”. Ad (a) also included the claim “Supercharge Metabolism”. We considered those claims would be understood as meaning that the product had a beneficial health effect on the metabolic system and mental health. They were therefore specific health claims for the purposes of the Code. 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 supplements or any of the ingredients included in them.
As referenced at Point 1 above, we considered that in the context of the ad’s references to weight loss, and GLP-1, the claims “Improve Digestion”, “Support Healthy Blood Sugar Levels” in ads (a) and (b), “Supercharge […] Weight Loss” in ad (a) and “ignite weight loss”, “turn your gut into a fat burning furnace to help you lose weight” and “Transform weight loss” 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 the supplements could support blood sugar levels, aid weight loss and improve digestion. Again, 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 supplements or any of the ingredients included in them.
Ads (a) and (b) also included the claims “Enhance Gut Health”, “Rapidly improve gut health” and “Improving Gut Health”. Ad (b) included the claim “Transform […] gut health”. We considered those claims would be understood as meaning that the supplements had the health benefit of improving the overall general health of the gut. They were therefore general health claims for the purposes of the Code.
The Code stated that general health claims could be made in relation to food supplements only if they were accompanied by a relevant specific, authorised health claim. However, the ad did not contain any specific authorised health claims.
Therefore, we concluded that the specific and general health claims breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 15.1, 15.1.1, 15.2 and 15.7 (Food, food supplements and associated health or nutrition claims).
3. Upheld
The CAP Code stated that marketers must not use health professionals or celebrities to endorse medicines. We therefore assessed whether Dr Ali Kazemi, in ad (b) had endorsed a medicine and whether he was a health professional for the purposes of the CAP Code.
As set out in Point 1 above, because the ads made medicinal claims for the supplements, they were defined as medicinal products by presentation for the purposes of the medicines legislation reflected in the Code.
Ad (b) presented Dr Ali Kazemi in a white coat, traditionally worn by doctors. The text in the video also stated “DR.” and “BOARD-CERTIFIED GASTOENTEROLOGIST”. We considered that, because of those elements, Dr Kazemi was presented as a health professional, for the purposes of the CAP Code.
We further considered that by making comparisons between the supplements and the POMs Wegovy, Mounjaro and Ozempic, and concluding that he was “confident that Trim Biome is going to transform weight loss and gut health for millions across the globe”, that he had endorsed the product and its implied medicinal capabilities.
The CAP Code also stated health claims that referred to the recommendation of an individual health professional were not acceptable in marketing communications for food supplements. As set out under Point 1 above, the products were generally marketed as a food supplement, so we also assessed the ad on that basis. Dr Ali Kazemi stated that the product could “Transform […] gut health”, which was a health claim. He additionally made claims which, as referenced at Point 2 above would be specific health claims, absent of the references to GLP-1. Therefore, we considered the ad included health claims which referred to the recommendation of an individual health professional.
Because Dr Ali Kazemi was presented as a medical professional and both endorsed a medicine and stated health claims as part of his recommendation of a product marketed as a food supplement, we concluded that ad (b) breached the CAP Code.
On those point, ad (b) breached CAP Code (Edition 12) rule 12.18 (Medicines, medical devices, health-related products and beauty products) and 15.6.3 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told The Clean Supps LLC t/a Inno Supps 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, not to 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, or general health claims unless they were accompanied by an authorised health claim. We told them not to use medical professionals to endorse medicines, or to make health claims which referred to the recommendation of a health professional.
