Protein World Ltd

Background

Summary of Council decision:

Nine issues were investigated, all of which were Upheld.

Ad description

Claims on the website www.proteinworld.com, a food supplements retailer, promoted products such as "Fat Melter capsules", "Slender Blend", "CLA powder", "Aceytl L-Carnitine", "Chlorella" and “Lean Muscle”. Each product was featured on its own web page, and further information about the product was set out in the "HOW IT HELPS YOU" tab.

Claims on the web page promoted a competition to "send us a selfie", which users could enter via Instagram or Facebook. The competition page featured a link to "Full instructions and guidelines". The Facebook link led to a page on woobox, which featured many photos, including ‘before’ and ‘after’ images.

Issue

Northamptonshire Trading Standards challenged whether the following health and nutrition claims listed were authorised on the EU Register:

1. "Slender Blend. High protein, low calorie weight loss shake. Boost your metabolism, help you to feel fuller for longer and support the development of lean and toned muscle as you slim down … helps build strong hair, skin and nails. We've also added a unique blend of green tea extract, raspberry ketones and multi vitamins to the mix to curb those cravings and help you to become slimmer and more healthy … help you to control your calorie intake enabling you to lose weight healthily";

2. "Fat Melter Capsules. Metabolism boosting supplement … help stimulate the thermogenic process and contribute to normal, lipid metabolic levels, while the caffeine content will help to boost energy. Use as an aid to weight loss";

3. "CLA Powder. Builds lean muscle and attacks fat stores. Promotes fat loss. Improves mood and focus. Boosts energy … help you build lean muscle while attacking those hard to budge fat stores. CLA inhibits the enzyme lipoprotein lipase which simultaneously prevents fat accumulation in cells and converts excess fat stores into energy, helping you to build lean muscle.";

4. "Aceytl L-Carnitine. Fat metabolising energy booster. Aids weight loss. Burns fat. Boosts energy. Improves mental performance and focus … great weight loss supplement that not only suppresses your appetite but also transports fat to cells where they are burned and used as energy. Acetic Acid and L-Carnitine is a naturally occurring amino acid compound that breaks down fat cells in the body, boosts energy, performance and cognitive levels, and reduces muscle fatigue"; and

5. "Chlorella. Nutrient-rich, detoxifying superfood. Excellent protein source. Rich concentration of nutrients. Highest chlorophyll concentration of any plant. Powerful detoxifying properties. Boosts immunity. One of nature's 'super foods' … it's also high in protein, beta carotene, fibre, essential fatty acids, Vitamin B-12 and the nucleic acids (RNA and DNA) which can help slow down the ageing process. Health benefits include reduced blood pressure and cholesterol, strengthening of the immune system, increased weight control and increased oxygen levels to the blood, giving you more energy, less stress and better brain function. High in antioxidants, Chlorella is an excellent body cleanser and detoxifier and helps fight off illness and remove free radicals and toxins - a great choice for maintaining natural beauty, general health and overall wellbeing".

They further challenged whether:

6. raspberry ketone, which they understood was one of the ingredients of "Slender Blend", had the relevant authorisation for marketing, because they understood it was a 'novel food';

7. the before and after images that appeared as entries in the competition were in breach of the Code, because they implied a rate or amount of weight loss; and

8. the competition had been administered fairly in accordance with the Code because they believed a number of the entries available for voting did not meet the condition that "Photographs must include a clear face and body shot".

9. Another complainant challenged whether the health claims "Lean Muscle. Powerful muscle booster. Reduces body fat, activate testosterone-producing hormones, boost energy levels and improve strength and libido" were listed as authorised on the EU Register.

Response

Protein World Ltd stated that the advertising claims had been amended since the complaint was received. They stated the website was a work in progress, which was updated as they expanded as a business, and would continue to be expanded. They stated that the product pages were to be redesigned.

1. In relation to the claims about Slender Blend, they stated that "High protein, low calorie weight loss shake" had been changed to "High protein, low calorie meal replacement", and an authorised claim on the EU Register was "Substituting two daily meals of an energy restricted diet with meal replacements contributes to weight loss". They stated they had removed the claim "Boosts metabolism, help you to feel fuller for longer and support the development of lean and toned muscle", but there was nonetheless an authorised claim on the EU Register which stated "Protein contributes to a growth in muscle mass". They stated they had removed the claim "to help curb those cravings and help you become slimmer and more healthy", and the specifics of how meal replacement helped to contribute to weight loss ('control calorie intake').

2. In relation to the claims about Fat Melters, they stated they had changed the claim to "Our key ingredients contribute to normal, lipid metabolic levels, while the vitamins B6 & B12 help to reduce tiredness and fatigue". They stated that authorised claims on the EU Register included "Choline contributes to normal lipid metabolism", "Vitamin B6 contributes to the reduction of tiredness and fatigue", and "Vitamin B12 contributes to the reduction of tiredness and fatigue".

3. They stated that all health claims referring to CLA powder had been removed. They stated that an authorised claim on the EU Register was "Linoleic acid contributes to the maintenance of normal blood cholesterol levels", and they were using that claim.

4. They stated that all health claims referring to Acetyl-L-Carnitine had been removed.

5. They stated that all health claims referring to Chlorella had been removed.

6. They stated that they had removed the novel food Raspberry Ketone from the Slender Blend and replaced it with Guarana Extract in November 2014. They added that they had only recently updated the ingredients information on the website for their best selling products.

7. & 8. They said the competition page did not state that before and after pictures had to be taken. They stated that the competition was not weight loss orientated or that this was mentioned in the rules; it simply asked entrants to send a selfie, with a hashtag. They stated that the images-feed on the website was automatically added if someone hashtagged #proteinworldbody in their post. They stated they would not pick a winner unless a clear body and face shot had been submitted.

9. They did not comment on this point.

Assessment

The ASA noted that according to EC Regulation 1924/2006 on Nutrition and Health Claims made on Foods (the Regulation), which was reflected in the CAP Code, only health claims listed as authorised on the EU Register of Nutrition and Health Claims made on Foods (the EU Register) were permitted in marketing communications. Health claims were defined as those that stated, suggested or implied a relationship between a food, or ingredient, and health. We also considered that the advertisers should show that the health claims concerning each of the advertised products were authorised on the EU Register in relation to the relevant foodstuffs contained in that product, and that they complied with the related conditions of use.

1. & 6. Upheld

We understood from the website description that the Slender Blend product contained Whey Protein Concentrate, Green Tea Extract, Protein World Multi Vit/Mineral blend, flavourings and sweeteners. We understood that, since the complaint had been referred, the advertisers had removed Raspberry Ketone from the product, and replaced it with Guarana extract. The website no longer referred to "Raspberry Ketone" in relation to Slender Blend.

We considered the product's name "Slender Blend" was in itself a health claim, which implied weight loss. We had not seen evidence that "Slender Blend" was an authorised health claim.

We considered the claim "High protein, low calorie weight loss shake", and the claim with which it had been amended, "High protein, low calorie meal replacement", would both be understood by consumers to mean that the product would achieve weight loss.

We acknowledged that the claim "Substituting two daily meals of an energy restricted diet with meal replacements contributes to weight loss" had been approved on the EU Register, but noted that, in order to bear the claim, a food should comply with specifications laid down in Directive 96/8/EC in relation to food products under Article 1(2)(b) of that Directive. In order to achieve the claimed effect, two meals should be substituted with meal replacements daily. Because the advertisers had not shown that the product complied with the specifications laid down in Directive 96/8/EC, we concluded the claims "High protein, low calorie weight loss shake" and "High protein, low calorie meal replacement" were in breach of the Code.

We noted that the claim "Boost your metabolism, help you to feel fuller for longer and support the development of lean and toned muscle as you slim down" did not appear on the list of authorised health claims. We acknowledged that the advertisers had removed the claim, but had also indicated that the claim "Protein contributes to a growth in muscle mass" was authorised on the EU Register, where the claim was used only for food which was at least a source of protein, as referred to in the claim "SOURCE OF PROTEIN" as listed in the Annex to the Regulation.

We recognised that the Regulation allowed for a degree of flexibility in the wording and that claims did not have to be worded exactly as they were on the EU Register, provided that the reworded claim was likely to have the same meaning for consumers as that of the relevant authorised health claim.

We understood the authorised claim 'Protein contributes to a growth in muscle mass' related to increasing muscle mass, whereas we considered that the claim "help you to ... support the development of lean and toned muscle", which appeared in the context of weight loss, exaggerated the meaning of the authorised claim, because it implied that the intake of protein would lead to lean and toned muscles, rather than contributing to a growth in muscle mass. We therefore considered the reworded claim was not likely to have the same meaning for consumers as that of the authorised health claim.

Moreover, we considered consumers would understand the claim to relate to the effects of the product as a whole, rather than the protein contained in the product. We had also not seen how the product contained sufficient protein to meet the conditions of use associated with the claim. On that basis, we considered the claim "Boost your metabolism, help you to feel fuller for longer and support the development of lean and toned muscle as you slim down" was in breach of the Code.

We had not seen evidence that the claims "helps build strong hair, skin and nails" and "We've also added a unique blend of green tea extract, raspberry ketones and multi vitamins to the mix to curb those cravings and help you to become slimmer and more healthy" were authorised health claims.

We acknowledged that Raspberry Ketone had been removed from the product and the term no longer appeared in the ad. However, when the complaint was referred, the term "Raspberry Ketone" was still appearing in the ad and would therefore be understood to be an ingredient in the product, which had the health benefits claimed in the ad. We noted that Raspberry Ketone was a 'novel food' in most instances. We understood that foods and food ingredients that had not been used for human consumption to a significant degree in the EU before 15 May 1997 were novel foods, and therefore needed specific authorisation to be marketed. We had not seen evidence that the product had the relevant authorisation to be marketed as a novel food, and, in any case, we understood no health claims had been authorised in relation to the substance in any form. We therefore concluded it was in breach of the Code.

Because we had not seen evidence that the advertising claims about Slender Blend were authorised on the EU Register, we concluded they breached the Code.

On that point, the ad breached CAP Code (Edition 12) rules 15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration. 15.1.1 15.1.1 Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm. (Food, food supplements and associated health or nutrition claims) and 15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register. (Food supplements and other vitamins and minerals).

2. Upheld

We understood from the website description that Fat Melter Capsules contained vitamins B6 and B12, Caffeine Anhydrous, Green Tea Extract, Guarana Extract, Yerba Mate Powder, Choline, Alpha Lipoic Acid and Cayenne Powder.

We considered that the advertiser should show that the health claims concerning the product were authorised on the EU Register, in relation to the relevant foodstuffs contained in the product, and that they complied with the related conditions of use.

We considered the product's name "Fat Melter" was in itself a health claim, which implied weight loss. We had not seen evidence that "Fat Melter" was an authorised health claim.

Although the advertisers stated that the wording had been removed, we had not seen evidence that the claims "Metabolism boosting supplement … help stimulate the thermogenic process and contribute to normal, lipid metabolic levels, while the caffeine content will help to boost energy. Use as an aid to weight loss" were authorised health claims. We noted the ad still made reference to the effects of the product on the metabolism and to the impact of the "thermogenic ingredients".

The advertisers stated the ad had been amended to state "Our key ingredients contribute to normal, lipid metabolic levels, while the vitamins B6 & B12 help to reduce tiredness and fatigue". They stated that authorised claims on the EU Register were "Choline contributes to normal lipid metabolism", "Vitamin B6 contributes to the reduction of tiredness and fatigue" and "Vitamin B12 contributes to the reduction of tiredness and fatigue".

We understood the authorised claim "Choline contributes to normal lipid metabolism" could be used only for food which contained at least 82.5 mg of choline per 100 g or 100 ml or per single portion of food. We understood that the product contained 100 mg of choline per serving. Therefore, we considered that the authorised claim could be acceptable, provided it was clear it related to the choline in the product and not the product itself or the other ingredients in the product. We considered that the amended claim "Our key ingredients contribute to normal, lipid metabolic levels" was not sufficient to make clear that it was the choline in the product which contributed to "normal, lipid metabolic levels", because the claim "our key ingredients" was ambiguous and would be interpreted to relate to several ingredients in the product.

We understood that the authorised claim "Vitamin B6 contributes to the reduction of tiredness and fatigue" may be used only for food which was at least a source of vitamin B6, as referred to in the claim "SOURCE OF VITAMIN B6", as listed in the Annex to the Regulation, and the authorised claim "Vitamin B12 contributes to the reduction of tiredness and fatigue" may be used only for food which is at least a source of vitamin B12, as referred to in the claim "SOURCE OF VITAMIN B12", as listed in the Annex to the Regulation. Because the amended claim referred to the vitamins listed in the authorised claims, and we understood that the product contained sufficient quantities of those vitamins to meet the conditions of use, we considered that the amended claim "while the vitamins B6 & B12 help to reduce tiredness and fatigue" did not breach the Code.

We concluded, however, that the remaining claims were in breach of the Code.

3. Upheld

We understood from the website description that CLA Powder contained Conjugated Linoleic Acid.

We had not seen evidence that the claims "Builds lean muscle and attacks fat stores. Promotes fat loss. Improves mood and focus. Boosts energy … help you build lean muscle while attacking those hard to budge fat stores. CLA inhibits the enzyme lipoprotein lipase which simultaneously prevents fat accumulation in cells and converts excess fat stores into energy, helping you to build lean muscle" were authorised health claims in relation to the advertised product.

The advertisers had amended the claim to state "Our 100% CLA (Conjugated Linoleic Acid) powder contributes to the maintenance of normal blood cholesterol levels". Although we accepted that "Linoleic Acid contributes to the maintenance of normal blood cholesterol levels" was an authorised claim (which could be used only for a food which provided at least 1.5 g of linoleic acid per 100 g and per 100 kcal), we understood that the authorised claim did not refer to Conjugated Linoleic Acid, which was what the product contained. We noted that no claims on the EU Register regarding "Conjugated Linoleic Acid" had been authorised, although a number had been submitted for approval, separately from those claims for Linoleic Acid. We therefore considered that the product did not meet the conditions of use for the authorised claim "Linoleic acid contributes to the maintenance of normal blood cholesterol levels".

Because we had not seen evidence that the advertising claims were authorised on the EU Register, we concluded they breached the Code.

4. Upheld

We understood from the website description that Acetyl-L-Carnitine contained "250g: 50 servings" of "100% Acetyl-L-Carnitine".

We noted the advertisers' assertion that the claims "Fat metabolising energy booster. Aids weight loss. Burns fat. Boosts energy. Improves mental performance and focus … great weight loss supplement that not only suppresses your appetite but also transports fat to cells where they are burned and used as energy. Acetic Acid and L-Carnitine is a naturally occurring amino acid compound that breaks down fat cells in the body, boosts energy, performance and cognitive levels, and reduces muscle fatigue" had been removed. We noted, however, the amended ad still made similar health claims, such as "May play a role in energy production" and "Carnitine is synthesised naturally in the liver and kidneys. It is primarily used in the conversion of fatty acids to energy. Supplementing with Acetyl-L-Carnitine may improve the functionality of burning fat for energy, reducing fat storage within the body".

Because we had not seen evidence that the health claims in the ad were authorised health claims on the EU Register in relation to the advertised product, we concluded the claims breached the Code.

5. Upheld

We understood from the website description that the product Chlorella contained "100% Chlorella."

We acknowledged the advertisers' assertion that the health claims had been removed. We noted that the claims "Nutrient-rich, detoxifying superfood. Excellent protein source. Powerful detoxifying properties. Boosts immunity" and "Health benefits include reduced blood pressure and cholesterol, strengthening of the immune system, increased weight control and increased oxygen levels to the blood, giving you more energy, less stress and better brain function. High in antioxidants, Chlorella is an excellent body cleanser and detoxifier and helps fight off illness and remove free radicals and toxins - a great choice for maintaining natural beauty, general health and overall wellbeing" had been removed.

We had not seen evidence that those health claims were authorised health claims on the EU Register in relation to the advertised product.

The health claim "One of nature's 'super foods'" had not been removed. We considered that the claim "super foods" was a general health claim, because it implied a general and non-specific benefit to health, and should therefore be accompanied by a specific health claim that was authorised on the EU Register. We noted that the advertisers had not identified an accompanying authorised health claim.

The claim "it's also high in protein, beta carotene, fibre, essential fatty acids, Vitamin B-12 and the nucleic acids (RNA and DNA) which can help slow down the ageing process" had been amended to "Containing more chlorophyll than any other plant food, it's also high in protein, beta carotene, fibre, essential fatty acids, Vitamin B-12 and the nucleic acids (RNA and DNA)".

We considered that the claim "it's also high in protein, beta carotene, fibre, essential fatty acids, Vitamin B-12 and the nucleic acids (RNA and DNA) which can help slow down the ageing process" implied that the listed substances could help slow down the ageing process, which constituted a health claim. We had not seen evidence that this was an authorised health claim on the EU Register in relation to the advertised product or in relation to a combination of the listed products.

We also noted we had not seen evidence that the amended claims were authorised health claims on the EU Register in relation to the advertised product.

We therefore concluded that the claims breached the Code.

On that point, the ad breached CAP Code (Edition 12) rules 15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration. 15.1.1 15.1.1 Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm. 15.2 15.2 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. 15.3.1 15.3.1 A marketing communication may use one product as the sole reference for comparison only if that product is representative of the products in its category. 15.3.2 15.3.2 The difference in the quantity of a nutrient or energy value must be stated in the marketing communication and must relate to the same quantity of food. (Food, food supplements and associated health or nutrition claims) and 15.7 15.7 Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 15.1.1 above. Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim as specified in the EU Register. (Food supplements and other vitamins and minerals).

7. Upheld

We acknowledged that the advertisers had not specifically requested that before and after photographs were submitted to the competition, but noted that a number of before and after photographs appeared as entries on the competition page, in which the subjects appeared to have lost weight and improved muscle tone, and considered that consumers would understand that the subjects of the photographs had used Protein World's products to achieve weight loss.

We had regard to guidance from the Department of Health, namely, "Guidance to compliance with Regulation (EC) 1924/2006 on nutrition and health claims made on foods"; section 3.4 related to weight loss and stated, under point 82, "Similarly, testimonials or 'before and after' photographs which state or imply a rate or amount of weight loss are prohibited".

We considered that using before and after photos when promoting the product constituted health claims which implied a rate or amount of weight loss, and therefore concluded that the sales promotion was in breach of the Code.

On that point, the ad breached CAP Code (Edition 12) rules 15.6.6 15.6.6 Health claims that refer to a rate or amount of weight loss. (Food, food supplements and associated health or nutrition claims).

8. Upheld

We noted that the "Full instructions and guidelines" stated "Submissions must be a photograph including a face shot showing either your upper body or a full body shot", but that some photos which appeared as entries on the competition page featured the entrant's body or face only, and did not feature both the face and upper body or face and full body. We noted that those entries were nonetheless marked with the option to "Vote" for them. We understood that the advertisers would not pick a winner which was not a clear body and face shot, but considered entrants would see their photo featured on the competition page, and understand it was eligible to receive votes, and also noted that consumers would understand they could vote for entries which did not feature the entrant's face. We therefore considered that the presentation of the promotion was likely to mislead and that the competition would not be seen to have been administered fairly.

On that point, the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment. (Sales promotions).

9. Upheld

We considered the product's name "Lean Muscle" was in itself a health claim, which implied improved muscle definition and a beneficial health effect. We had not seen evidence that "Lean Muscle" was an authorised health claim.

We noted that the ad stated that the product contained "D Aspartic Acid" and considered it made clear that it was "D Aspartic Acid", which was "shown to activate testosterone-producing hormones, boost energy levels and improve strength and libido". However, we had not seen evidence that the health claims "Lean Muscle. Powerful muscle booster. Reduces body fat, activate testosterone-producing hormones, boost energy levels and improve strength and libido" were listed as authorised on the EU Register in relation to the advertised product or D Aspartic Acid. We concluded the ad breached the Code.

Action

The claims must not appear again in their current form. We told Protein World Ltd not to make health claims for foods if they were not listed as authorised in the EU Register and to ensure their sales promotions were administered in line with the requirements of the CAP Code.

CAP Code (Edition 12)

15.1 15.1.1 15.2 15.3.1 15.3.2 15.6.6 15.7 3.1 8.2

ASA Adjudication on Protein World Ltd

Background

Ad description

Issue

Response

Assessment

Action

CAP Code (Edition 12)

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