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Weight control: Fat binders
Weight Control and Slimming rules (section 13). Claims linked to fat reduction or … advice on Weight control: Food and Food supplements What about obesity references
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Weight control: General
to read the associated entries on “Weight control" linked below. Prescription-only … notice against marketers advertising the medicine to the public. See Weight control: Prescription … the form of clinical trials. See Weight control: Claims in names Obesity Overweight is
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Weight control: Body wraps
gained from water loss. See Weight Control: General, Weight Control: Obesity … , Weight Control: Cellulite and CAP Guidance on Substantiation for health, beauty and slimming claims.
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Weight control: Testimonials
weight control products and services (rules 3.47 to 3.50) The rules indicate that testimonials … , factual claims in testimonials, including those for weight control products and services, must not … that customer testimonials are not evidence of efficacy. The Weight Control section of the Code
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Weight control: Medical procedures
, laser lipolysis, focused ultrasound, tummy tucks and other weight control procedures. Such procedures … Contour Clinic, 21 August 2013). See Weight control: Cellulite. The ASA also found that weight loss … July 2023). See Weight control: Testimonials, Claims in testimonials and endorsements and
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Weight control: Garments
body image (Person(s) unknown, 10 August 2002). See Weight Control: General, Weight … Control: Obesity Weight Control: Cellulite and other “Weight Control” entries
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Weight control: Cellulite
held in the first instance (Lamphall Ltd, 11 December 2013). See Weight control: Medical … Procedures and Weight control: testimonials. What about medicinal products … control: General, Weight control: Food and Food supplements, “Claims in Testimonials and
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Weight control: Chitosan
BREXIT - The CAP and BCAP Codes include many rules which seek to reflect significant pieces of EU law or UK law that has been made to implement EU law. As far as CAP is aware, the same rules and laws will apply on the day after exit as on the day before. This CAP News Article explains the position further. Chitosan is often sold in tablet form as a “fat binder” and it is claimed that the product is effective at limiting fat absorption in the body. Marketers should tread carefully when promoting Chitosan, due to a lack of sufficient evidence to support such claims. • Consider whether your product is a medical device or a food • Don’t make efficacy claims • Don’t underestimate the level of evidence required • Beware of making safety claims • Don’t encourage irresponsible use Consider whether your product is a medical device or a food While some marketers refer to fat binders as “supplements”, if the product is classed as a medical device, it won’t also be considered a food supplement for the purpose of the CAP Code. If the product is classed as a medical device, marketers should ensure that they hold rigorous product specific scientific data, which proves that a medical device which acts as a fat binder can work as described (rule 12.1). See Weight control: Fat binders. Under The Medical Devices Regulations 2002, all medical devices must be appropriately certified and be registered with the Medicines and Healthcare products Regulatory Agency (MHRA). See Healthcare: Medical devices. If the product is not a medical device, it is likely to be considered a food supplement and therefore the Food rules (Section 15) will apply, in addition to any relevant Weight control and slimming rules (Section 13). Weight loss claims are considered to be health claims and are only permitted if they are authorised on the GB (NHC) Register. See Weight control: Food and Food supplements and Food: Health claims. Be mindful of making efficacy claims for medical devices The ASA has ruled against ads promoting products containing Chitosan as “fat binders” and claims that Chitosan works in the human gut to limit the absorption of fat into the body (Direct Healthcare Ltd, 28 March 2012). Despite the submission of a number of published articles and many documents in support of claims for efficacy, the ASA or CAP are yet to be convinced about the weight loss capabilities of Chitosan. As such, marketers should not make any efficacy claims whatsoever, unless they hold robust evidence consisting of product specific clinical trials on human subjects. See Substantiation for health, beauty and slimming claims. Don’t underestimate the level of evidence required Much of the evidence that the ASA has reviewed in relation to efficacy claims for Chitosan containing medical devices has included studies conducted on animals and on human subjects but has related to the management of hypercholesterolaemia, rather than to weight loss specifically (Rainbow Corporation Pte Ltd, 20 October 2010). Other evidence submitted has not been product specific or carried out on human subjects (Direct Healthcare Ltd, 28 March 2012) and as such, fell short of the level and type of evidence required. Beware of making safety claims The Code prohibits marketers from promoting any product as being safe or effective, merely because it is “natural” (rule 12.10). Claims such as "Since it is an entirely natural product, Xipisan causes no side effects, no chemical alteration of the bodys [sic] metabolism, no dangerous dehydration nor depression” and " ... diet pill with no side effects" have been ruled in breach of rule 12.9 (Famous Rainbow Corporation Pte Ltd, 20 October 2010). Don’t encourage irresponsible use Marketers must not encourage consumers to use a product irresponsibly, including using a product to excess (rule 12.9). The claim "If you want to lose weight normally, take one capsule before each meal. If you feel you are very overweight, take up to two capsules before each meal ... ", for a Chitosan containing product, was found to breach the Code in this way (Famous Rainbow Corporation Pte Ltd, 20 October 2010). Marketers are advised to read Weight control: Fat binders and other entries on “Weight control".
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Weight control: Exercise
Weight gain is often caused by an imbalance of energy intake and energy expenditure. It is generally accepted that physical activity is important for achieving such balance and an increase in exercise is likely to increase energy expenditure. Provided energy intake is maintained at the same level, increasing exercise should result in some weight loss. • Hold evidence • Take muscle mass into consideration • Don’t exaggerate • Don’t cause offence Hold evidence If sufficient evidence is held, it is likely to be acceptable to claim that exercise can help achieve weight loss, inch loss or aid in maintaining a healthy weight when undertaken in conjunction with a calorie-controlled diet. Claims such as “trim”, “tone”, “tighten” “shape” or “look slimmer” are likely to be acceptable in ads for exercise programmes, but marketers should hold robust evidence to show that the programme is effective at achieving the stated results. Take muscle mass into consideration Exercise helps prevent the loss of muscle during calorific restriction. Optimum weight-loss programmes should, therefore, deplete body fat while maintaining lean tissue, by combining a reduction in calorific intake and exercise. Advertisers should remember that muscle tissue is more dense than fat and as such, exercise designed to increase muscle mass (for example, high-intensity weight training) may not lead to a loss of weight. Marketers of exercise regimes as weight-loss aids should therefore consider this factor when determining the balance between energy input and output. Don’t exaggerate. Marketers should ensure they don’t exaggerate the role played by exercise. We understand that exercise is unlikely to be effective at achieving significant weight loss in the absence of dietary change. Advertisers should not suggest or imply that exercise regimes will definitely lead to weight or inch loss, that any such loss will be permanent, or that willpower is not required. Claims that consumers can lose an amount of weight within a stated time period (for example, “lose 8lb in a month”) are not permitted for any weight control products or services. Additionally, claims that customers can lose fat or weight from a particular part of the body are not permitted (Rule 13.9). For types of exercise that focus on particular parts of the body (such as arms of stomach), it may be acceptable to make claims to tone muscles in that area resulting in inch loss, provided they are supported by evidence. Don’t cause offence and be responsible. Weight and body image can be a sensitive subject for many, so take care to ensure you don’t include any claims or images that are likely to cause serious or widespread offence. Marketers should avoid encouraging weight loss for those who are already a healthy weight. Claims that exercise can contribute to maintaining a healthy weight alongside a good diet are likely to be acceptable. See Weight control: General, Weight control: Exercise devices and other “Weight control” entries.
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Weight control: Complementary therapies
CAP understands that there is little convincing evidence for the effectiveness of complementary therapies for reducing body weight. See guidance on the level of substantiation expected in health, beauty and slimming claims for the evidence the ASA expects. Hypnotherapy Other therapies Homeopathic products Testimonials and before and after photos Obesity Hypnotherapy The ASA and CAP are likely to accept that hypnotherapy might be able to help subjects who really want to succeed in controlling food addictions or cravings, however, marketers must implicitly or explicitly state that willpower plays a role, and should not suggest that achieving that control is easy or guaranteed (Rule 12.8). Marketers should not imply that hypnotherapy alone causes weight loss, and nothing in the ad should undermine the need to control calories (Leamington Hypnotherapy Clinic, 27 March 2013). See Health: Hypnotherapy. Marketers promoting hypnotic gastric bands should ensure they do not guarantee results. Prominence must be given to the role of the diet and ads should not give the impression that dieters cannot fail or can eat as much as they like and still lose weight. In May 2023, the ASA ruled against a social media post which stated “We currently have our ‘Hypnotic Gastric Band Program’ on special offer. Our Hypnotic Band has been used by thousands of people worldwide. It provides the perfect solution for people who are not able to exercise or do not want to forbid certain foods from their diet”, “Order now and have it to use whenever you are ready to make your hypnotherapy weight loss journey” and “95% Success Rate”. It featured before and after photos of a woman who was visibly slimmer in the second image and the claim “Virtual Gastric Band 3 week program. 3 weeks is all we need”. because the advertiser was unable to provide evidence that the advertised product acted like a gastric band, had a 95% success rate or would result in noticeable weight loss within three weeks (Pure Clear Minds Ltd, 10 May 2023). Other therapies The ASA ruled against an ad for chiropractic treatment which stated, “A re-charged nervous system, Increased energy levels, Improved immune function, A healthy toned body?” because while it understood that chiropractic treatment could influence muscle tone, the objective claims in the ad would need to be supported by a high level of scientific evidence, which had not been presented (Advanced Wellness Chiropractic Clinic, 1 May 2013). See Chiropractic. The ASA also received complaint that a therapeutic couch could break down cellulite, as well as decompose fat, produce the same effect as running 20-30 km, burn up to 1000 calories and improve the cardiovascular system. The ASA considered that the ad contained breakthrough claims that required a body of robust scientific evidence, such as clinical trials conducted on people, in order to substantiate them, which the advertiser was unable to show (Nuga Best UK & Ireland, 30 March 2011). In April 2013 the ASA upheld a complaint about an ad for Crystal therapy, which claimed to treat a variety of conditions as well as making claims about weight loss because the marketer was unable to substantiate their claims (Spirit Walker Crystals, 17 April 2013). See Crystal therapy. In the past the ASA has upheld complaints that challenged the weight loss claims made about traditional Chinese methods, and it has seen no evidence to suggest that acupuncture, acupressure or herbal treatments can result in weight loss (Chinese Medicine Centre, 14 January 2004; Acu Herbs Chinese Medicine Centre, 3 April 2004, and Great Chinese Herbal Medicine Ltd, 7 December 2005). See Therapies: Chinese herbal medicine or traditional Chinese medicine Homeopathic products Rule 12.20 of the Code states that homeopathic medicinal products must be registered in the UK. Any product information given in the marketing communication should be confined to what appears on the label. And marketing communications for an unlicenced product must not make a medicinal claim, therapeutic claim or refer to an ailment, unless authorised by the MHRA to do so. A complaint about a website promoting homeopathic products which accompanied a 1250-calorie weight loss program was Upheld by the ASA. The ASA considered that an ad which stated, “Slenderiix ... alleviates hunger as it flushes fats and toxins from our systems… signals your hypothalamus to mobilize fat out of your body's fat storage areas makes it available for you to burn as you go…begin to curb your hunger and release fat stores to help feed your body…it optimizes absorption of everything you eat and drink…” made medicinal claims in relation to unlicensed products (Slenderiiz UK, 11 June 2014). See Health: Homeopathic medicines Testimonials and before and after photos Whilst marketers ought to hold signed and dated proof to demonstrate that a testimonial is genuine, testimonials that are not supported by trials do not constitute adequate substantiation (13.1). See Weight control: Testimonials Obesity Marketers who are not suitably qualified should not reference or otherwise target people suffering from obesity, because obesity is frequently associated with … linoleic acid (CLA) Weight control: Glycaemic index (GI) … Weight
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Weight control: Claims in names
that the implied weight control efficacy will not take place as this would likely be seen to … communications for alcohol must not make any health, fitness or weight-control claims. The only permitted … permitted to make health or weight-control claims for alcoholic products, the trademarked name breached
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Weight control: Prescription-only medicines
. Treatments for weight control include Liraglutide and Semaglutide, which are marketed in the form … complaints about social media ads for a prescription-only weight control product posted by ‘celebrity … subject to the rules on Weight control and slimming and social responsibility.
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Weight control: Calorie-controlled diets
Register. See CAP Advice on Weight control: Food and food supplements. Safety and social … control: Prescription-only medicines See other entries in the ‘Weight Control: General … , Weight control: pills medicines and patches, Weight control: Obesity, Weight control: Food
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Weight control: Glycaemic index (GI)
What is the glycaemic index? Classifications Claims for foods What is the glycaemic index? The glycaemic index (GI) is a rating system for foods containing carbohydrates according to their effects on blood sugar levels. The GI takes the total available carbohydrate in a food into account. A food may contain fats and other components that result in a rise in blood sugar, the effects of which are not reflected in the GI. The glycaemic load (GL) of food is a number that estimates how much the food will raise a person's blood glucose level and is measured by multiplying the glycaemic index of the food in question by the carbohydrate content of the actual serving (Glycaemic load (GL) = GI of a food x amount carbohydrate in an average serving (g). Factual statements of the GI value of a food should be based on that standard methodology, ideally measured in a laboratory that adheres to a suitable Quality Assurance scheme. Published tables list the GI of many commonly consumed foods (for example, Foster-Powell K et al, 2002). CAP and the ASA are likely to use reputable published tables as a substitute for specific testing if the food in question is equivalent in nutritional content and extent or type of processing. Classifications Classifications should be based on these established cut-offs: Glycaemic index • High GI: 70 or more • Medium GI: 56 to 69 • Low GI: 55 or less Glycaemic load per meal or food • Low GL: 10 or less • High GL: 20 or more Glycaemic load per day • Low GL for the day: 80 or less • High GL for the day: 120 or more Claims for foods CAP believes that it is inappropriate to make low GI claims for foods such as meat and unsweetened dairy products that contain few or no carbohydrates. Low GI or low GL diets are not necessarily low in calories. Low GI foods may be recommended for weight loss only as part of a calorie-controlled eating plan and as part of a balanced diet. The GI of a standard food can be altered by factors such as combining low GI foods with high GI ones to give a medium GI meal, the pH of the meal (for example, adding lemon juice lowers GI), processing, cooking or the presence or addition of amylose or amylopectins. The addition of ingredients to lower the GI of high-calorie or high-fat foods cannot be used as the basis of weight loss claims. Marketers promoting a food (including soft drinks) or food supplements in relation to weight should take the Food Rules into account and note that weight loss and other claims of this nature, which directly result in an effect on one’s health, are considered to be health claims for the purposes of Section 15 of the Code. Article 2 of Regulation (EC) 1924/2006 on Nutrition and Health claims made for Foods, defines a health claim as “any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health...” A health claim for a food should only be made if the claim is “authorised” and listed on the Great Britain nutrition and health claims (NHC) register (15.1). See Weight control: Food and Food supplements. The claim "slow release energy" is likely to be considered a health claim and should comply with the Section 15 of the Code. The ASA ruled that a claim that implied that, because fructose had a lower glycaemic index or load, it would provide the health benefit of a slower and lower rise in blood glucose levels compared to foods containing sucrose or glucose was a specific health claim and so should only be used if authorised. (Frank's Ice Cream Ltd, 29 March 2023). High fat, low carb diets might also fall under this definition. As always, advertisers must ensure they don’t offer treatments for serious medical conditions, like obesity, and that any diet plans they offer are nutritionally well balanced. Most importantly, they should ensure that any claims they make can be substantiated: Substantiation for health, beauty and slimming claims. (ASC Twelve Ltd, 13 February 2019). Consumers are likely to understand changing or restricting what they eat to be a diet and marketers should therefore not describe such programmes … control: Calorie-controlled diets, Weight control: Testimonials. … Weight
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Weight control: Food and Food Supplements
Please note that some examples in this advice document refer to cases which were investigated by the ASA prior to Brexit and the transition period. Although these cases refer to the EU Register rather than the GB (NHC) Register, the precedents established by those cases still apply. Background and Brexit This advice is primarily aimed at marketers planning to advertise in Great Britain. If ad campaigns are due to appear in Northern Ireland (in isolation or in combination with a campaign in Great Britain), CAP recommends that marketers obtain legal advice due to the complexities of the Northern Ireland Protocol (NIP) and its impact on the Regulation. Following the UK’s exit from the EU (Brexit), Regulation (EC) 1924/2006, was brought into UK law by the European (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020. Prior to Brexit, according to Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), only health and claims listed as authorised on the EU Register of nutrition and health claims (the EU Register) could be made in ads promoting foods. Nutrition claims were only permitted if they appeared on the Nutrition Claims Annexe. From 1 January 2021, only health and nutrition claims authorised on the Great Britain nutrition and health claims register (the GB NHC Register) are permitted. The rules set out in the Regulations are reflected in Section 15 of the CAP Code. The situation in relation to making health claims for foods in marketing communications is complex and continues to develop. Because the Copy Advice team does not give legal advice, we cannot comment on transitional periods and/or the status of the legal framework which underpins Section 15. This article sets out general guidance about how the ASA is likely to be applying the advertising Codes only. Please see this Department of Health and Social Care (DHSC) Guidance for detailed advice on compliance with Regulation (EC) 1924/2006 Health claims (general) Health claims (weight control) A rate or amount of weight loss Marketing communications must be obviously identifiable as such Testimonials and before and after photographs Social responsibility Obesity Organic Claims in product names Health claims (general) Rule 15.2 of the CAP Code states that “References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim”. Therefore, health claims referring to general non-specific health benefits of the nutrient or food for overall good health, for example "good for you” or “healthy” must be accompanied by a specific authorised health claim which is listed as “authorised” on the GB (NHC) Register (rule15.1). The ASA ruled that the word "Superfood" was a general health claim which needed to be accompanied by a specific authorised health claim (Pharmacare (Europe) Ltd 11 June 2014). Heath claims (weight control) Marketers promoting a food, soft drink or food supplements in relation to weight should take the Food Rules into account and note that claims that a food product could cause weight loss, or help to maintain weight after weight loss, are health claims for the purposes of Section 15 of the Code. The ASA investigated an ad which emphasised the low calorific content of products described as ‘skinny foods’ and implied that they could contribute to weight loss. Because the products did not contain anything that would produce the physiological effect of weight loss or maintenance, for which there was an authorised health claim relating to weight loss or maintenance, and for which the product met the relevant conditions of use, the ASA found that the ad breached the Code. (Not Guilty Food Co Ltd, 3 April 2024) Health claims that refer to a rate or amount of weight loss [JG1] are not permitted when made in relation to a food. The ASA considered that consumers would understand the claim “I’ve lost 8kgs” to mean that, as a result of consuming the advertised supplements, the person giving the testimonial had lost 8 kg of weight. Because the ad included a health claim, made in relation to food, that referred to an amount of weight loss, the ASA concluded that it breached the Code. (Happy Koala LLC, 17 July 2024).The requirements of the regulation are strict in terms of the permissible wording of health claims. Health claims must be presented clearly and without exaggeration. The ASA is likely to investigate a complaint about a … (ketonepremium.com, 10 July 2013). See Weight control: testimonials and Before and after … Food Co Ltd, 14 April 2021). See Weight control: Claims in names See Weight Control: General
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Weight control: Conjugated linoleic acid (CLA)
prohibited for all foods (Rule 15.6.2) See Weight control: Food and Food Supplements … claims and other entries on “Food” and "weight control"
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Weight control: Pills, medicines and patches
control: Fat binders and Weight control: chitosan. If the product is not classed as a … (section 15) will apply in addition to any relevant Weight Control and Slimming rules … are authorised on the GB (NHC) Register. See Weight control: Food and Food supplements
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Weight control: Obesity and lifestyle weight management programmes
. See Weight control: General, Weight Control: Testimonials, Weight control: pills medicines and … patches, Weight control: Food and Food Supplements, Therapies: Nutritional Therapy and other “Weight control” entries