Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Claims on www.fitbritches.com, in a web page called "What is Skinny Technology?" promoted weight-control garments. Text stated: "Fit Britches has been developed using intelligent technologies in fibre and knitting. The special yarn is the key ingredient, emitting heat when it touches the skin ... As a result, it improves metabolism, blood flow and in turn leads to stimulating the body's lymphatic draining system to 'melt away' toxins and fat". Bullet points included the text "Lose up to 5 inches from your waist and hips" and "Drop a dress size instantly". Boxed text headed "Clinically proven" stated "Efficacy has been assessed through international recognised protocols with medical surveillance and the support of an independent laboratory. An independent study conducted on 50 women ages 20 to 60 years, overweight, with a sedentary lifestyle and not subject to any diet or treatment. The product was worn 8 hours a day for 60 days without a change in lifestyle or diet. It listed the "Results (average loss) after 60 Days" such as "12cm/5 inches from the waist" and stated "*Please note: Results may vary from person to person. Therefore we can't make any guarantees".
Issue
The complainant challenged whether:
1. the ad misleadingly implied that the garment promoted fat loss, because they understood that any weight loss would be due to loss of water from the body, rather than through loss of fat; and
2. the claims that the efficacy of the product was "Clinically proven" and supported by an independent study were misleading and could be substantiated.
Response
1. & 2. 8 London (International) Ltd t/a Fit Britches said the website explained how their garments/fibre improved blood circulation and the benefits of improving blood flow, which led to increased metabolism and in turn stimulated the body's lymphatic draining system. They said they did not state anywhere on the website that people would lose weight by using the product and they advocated and recommended that Fit Britches should be used as part of a healthy diet and exercise regime. They stated that, by wearing Fit Britches, their customers could drop up to a dress size or lose inches off their waist, hips and thighs, because Fit Britches were compression garments which were tight fitting. They did not consider their claims portrayed permanent fat reduction or weight loss.
They provided two studies in support of their claims which they stated were conducted fairly with an external body, and a standard sample size.
Assessment
1. Upheld
The ASA considered that claims that the product could "'melt away' toxins and fat" and that users could "Lose up to 5 inches from your waist and hips" and "Drop a dress size instantly" would be likely to understood to be weight or fat loss claims, whereby the use of the product would result in permanent weight or fat loss. We noted that the studies provided considered the efficacy of fabrics on reducing signs of gynoid lipodystrophy (cellulite) and did not consider that the evidence provided was sufficient to support claims or implied claims that the product could lead to loss of fat or to weight loss. We therefore concluded that the claims were misleading.
On that point, the claims breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration),
13.1
13.1
A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.
13.4
13.4
Before they make claims for a weight-reduction aid or regimen, marketers must show that weight-reduction is achieved by loss of body fat. Combining a diet with an unproven weight-reduction method does not justify making weight-reduction claims for that method.
and
13.12
13.12
Short-term loss of girth may be achieved by wearing a tight-fitting garment. That loss must not be portrayed as permanent or confused with weight or fat reduction.
(Weight control and slimming).
2. Upheld
We noted that the studies provided in support of the ad's claims considered the efficacy of fabrics on reducing signs of gynoid lipodystrophy (cellulite), in relation to leggings, but did not detail how the fabrics tested related to the advertised brand itself or provide any evidence in relation to shorts, knickers or tops. We also noted that the studies provided in support of the claim were carried out on 15 women and the product was worn 6 hours each day, whereas the ad referred to "An independent study conducted on 50 women" and "The product was worn 8 hours a day." We therefore considered that we had not seen the independent study to which the website referred. In addition, we did not consider that the evidence we had seen was sufficient to support the efficacy claims or to support the claims that efficacy of the product was "Clinically proven".
On that point, the claims breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration),
13.1
13.1
A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.
13.4
13.4
Before they make claims for a weight-reduction aid or regimen, marketers must show that weight-reduction is achieved by loss of body fat. Combining a diet with an unproven weight-reduction method does not justify making weight-reduction claims for that method.
and
13.12
13.12
Short-term loss of girth may be achieved by wearing a tight-fitting garment. That loss must not be portrayed as permanent or confused with weight or fat reduction.
(Weight control and slimming).
Action
The claims must not appear again in their current form.
CAP Code (Edition 12)
13.1 13.12 13.4 3.1 3.11 3.3 3.7
