Ad description
A website offering Vaser Liposuction for men, www.efmedispa.com, stated, "You may want to get rid of a stubborn pocket of fat. Or perhaps you wish to have your body re-sculpted, have a six pack or have more defined pectoral muscles. But what are your options? There are thousands of men in the UK who are looking to re-sculpt their appearance but do not wish to have major surgery or conventional liposuction".
Under the text, "Vaser Lipo and Vaser High Def for men" the website featured a number of before and after photographs.
Issue
The complainant challenged whether the before and after images were misleading.
Response
EF Medispa (EFM) confirmed that the before and after images used in the ad featured models who had undergone the Vaser hi-def procedure. The photographs were unedited and the clients provided full consent to their photographs being used and shown to the public as an example of the results that could be achieved by having the procedure. EFM provided documentation in support of this.
EFM explained the mechanisms involved in the Vaser procedure and provided journal articles, online editorial content from specialist websites and national press articles, which outlined the same. EFM also explained that they always encouraged their clients to maintain their results through diet and exercise.
Assessment
Not upheld
The ASA noted that the complainant had challenged whether the before and after photographs used in the ad featured real clients who had undergone the Vaser procedure.
In light of the consent forms and other documentation provided we considered that EFM had demonstrated that the models had undergone the Vaser procedure. We understood that the procedure alone would not tone muscles or increase muscle size; instead it would increase the appearance of muscle definition through a process known as 'liposculpting'. The results were shown in the before and after images. This was reflected in the main body of text on the web page, which stated, "(Vaser hi def) Can precisely sculpt and define areas of the body creating greater contour and definition".
Because EFM had demonstrated with suitable evidence that the models in the photographs had undergone the Vaser procedure we concluded that the ad had not breached the Code.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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) and 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsement and testimonials) but did not find it in breach.
Action
No further action necessary.
