Background
This Ruling forms part of a wider piece of work on prescription-only medicines (POMs) used for weight loss.
Ad description
An Instagram post by the TV personality Gemma Collins, @gemmacollins, posted on 6 January 2025, promoted the weight loss service Yazen. In a video, Ms Collins stated, “I'm starting this year two sizes down, thanks to Yazen’s weight loss app and medication. It's really quick and easy to get started with Yazen, it has absolutely changed my life […] I finally found something that actually I lose weight on. All you need to do is download the app and answer a few quick questions about your goals. Do not buy it from anyone but Yazen.”
Ms Collins stated, “I feel healthier, I feel happier. I don't have that constant noise in my head ‘you need to eat, you need to eat’ […] Yes, there's, you know, reports and stuff. And I'm not telling anyone to go on this medication, but it is prescribed on the NHS.”
Ms Collins then stated, “Yazen will connect you with one of their nurses who will […] complete some simple health checks and a blood test […] your Yazen doctor will use this to create your individual treatment plan and just like that, your medication will be delivered straight to your door with all the instructions on how you need to start your weight loss journey. It really is as simple as that.”
Text in the accompanying caption stated, “Yazen was founded by doctors to support people struggling with obesity and weight-related issues. They use approved medication alongside support from their team of doctors, psychologists, dietitians, physiotherapists and your own Yazen Coach, helping their patients take control of their health […] I hope we can all embark on this journey together. It’s important to remember everyone’s weight loss journey is personal and unique and you can talk to your GP if you’re concerned! Visit @yazenUK to find out more. #Yazen #YazenHealth #weightlossjourney #healthylifestyle #loseweightnow”.
Issue
Two complainants challenged whether the ad breached the Code because it promoted POMs to the public.
Response
Yazen Health AB t/a Yazen said they were a Swedish-registered digital healthcare provider focused on treating weight issues and obesity through their digital platform, which had been developed by a specialist team of healthcare professionals. They said their method was built on clinically proven science, where every patient received a personal assessment and an individually adapted treatment plan. That plan included support from doctors, lifestyle coaches, dietitians, psychologists and physiotherapists. As part of the treatment, the doctor might prescribe relevant medication, which meant that Yazen was a digital healthcare provider, not a pharmacy. Doctors employed by Yazen might prescribe POMs as part of patient treatment if it was found to be the best option for that individual. The patient would then purchase the medication from a pharmacy of their choice. Yazen did not sell any medication, and said their business model was not dependent on prescribing such medication. Therefore, they said they had no interest in advertising POMs to the public.
Yazen said the paid partnership Instagram post from 6 January had been intended to share information about their holistic, responsible approach to weight loss, and had not been intended to focus solely on medication. Following notification of the complaint, and in agreement with Gemma Collins, the post had since been amended to remove any reference to POMs. Yazen said they would ensure that future posts were compliant with the CAP Code.
Gemma Collins said she took her responsibilities under the CAP code seriously and strove to comply with them. She said she had partnered with Yazen as she had historically struggled with her weight, despite trying many diets. She said she had used Yazen's for several months before deciding to go public with it, because she found the programme had worked for her. She said it was the holistic approach which had helped her and which she wanted to share primarily. She said she would have done that regardless of whether medication was recommended. She accepted that her posts had promoted the Yazen weight loss service and app. She said Yazen would in future approve any marketing materials she might post, and that she would follow any guidance the ASA provided.
Assessment
Upheld
The CAP Code stated that prescription-only medicines (POMs) or prescription-only medical treatments must not be advertised to the public.
The ASA acknowledged that the ad did not make reference to a named POM. However, the ad did refer to “weight loss […] medication” and “it is prescribed on the NHS”. Ms Collins also stated, “Yes, there's […] reports and stuff. And I'm not telling anyone to go on this medication, but it is prescribed on the NHS” which we considered, given her tone, alluded to the recent press reports that people had suffered adverse reactions from taking injectable weight-loss medications.
We also noted that a news section on Yazen’s website featured links to three newspaper articles about Ms Collins’ weight-loss journey. The thumbnails for those articles featured text explaining that Ms Collins had lost weight using Yazen’s “GLP-1 weight loss injections”. We understood that all injectable forms of weight-loss medication were POMs and that GLP-1 (glucagon-like peptide-1) were a class of POMs.
We sought advice from the Medicines & Healthcare products Regulatory Agency (MHRA). They expressed concern that consumers were likely to be led to request a POM. It was their view that this likelihood could be amplified by any resultant national newspaper coverage of Ms Collins’ experience of using a GLP-1 medicinal product for weight loss.
We considered that the reference to “weight loss medication” in the ad was a reference to POMs and that the ad therefore promoted POMs to the public. For those reasons, we concluded the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 12.12 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in the form complained of. We told Yazen Health AB t/a Yazen not to promote, either directly or indirectly, POMs to the public in future.
