Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Claims on www.slenderiiz-uk.com promoted homeopathic products which accompanied a weight loss programme. Text stated “Slenderiix & Xceler8. The one-of-a-kind formula is made up of 100 percent homeopathic ingredient. When used together in a signature 1250-calorie program, Slenderiix and Xceler8 support speedy weight loss, including stubborn belly fat, and reduce the odds of ‘rebound weight gain’".
Text continued "Benefits. The one-of-a-kind formula found in Slenderiix, made up of 100 percent homeopathic ingredients recognized by the Homeopathic Pharmacopoeia of the United States (HPUS), alleviates hunger as it flushes fats and toxins from our systems".
Text under the sub-heading "Slenderiix Questions & Answers" included a list of questions and answers about the programme, including "Q: Why the 1250-calorie diet? A: Because you are only consuming 1250 calories, Slenderiix signals your hypothalamus to mobilize fat out of your body's fat storage areas makes it available for you to burn as you go about your daily activities".
Text continued "Q: What to expect ... After about 48 hours the Slenderiix and Xceler8 Drops begin to curb your hunger and release fat stores to help feed your body. Factors that ensure faster weight loss include making fibrous vegetables like broccoli, cauliflower, and Brussels sprouts part of your lunch and dinner meals. Fiber and water intake are extremely important to your success with this program."
Text continued "Q: How do I use the Xceler8 complex with Slenderiix? A: Slenderiix is a homeopathic synergistic blend of ingredients that work together to help you lose weight fast. Xceler8 helps ensure maximum effectiveness when used with Slenderiix Drops. It does this in 3 ways. First, it optimizes absorption of everything you eat and drink, including the Slenderiix drops. This ensures you receive more nutrients from the food you eat".
Issue
The complainant challenged whether:
1. the ad made medicinal claims for an unlicensed product; and
2. the claims that Slenderiix & Xceler8 were capable of achieving weight loss were misleading and could be substantiated, because they understood that any weight loss achieved on the programme would be the result of the reduction in calorie intake and exercise.
Response
1. & 2. Slenderiiz UK provided a study entitled "A Randomized, Blind, Placebo-Controlled Cross-Over Study: Exploring the relationship of an exclusive homeopathic weight loss tincture combined with therapeutic nutrition in relation to reversal of visceral adipose fat tissue stores and serum inflammatory markers, which indicate risk factors for leading causes of death, including congestive heart disease and hormone-related cancers".
Assessment
1. & 2. Upheld
The study provided by the advertisers looked at the effect of "Slenderiix Xceler8", "Rejuveniix (energy)", "Nutrifii (vitamins)" and "Resoriix (detox)" on individuals in conjunction with a diet which limited calorie intake to around 1250 calories per day. Twenty-three individuals, three men and 20 women, who were looking to lose weight, "were selected on the basis of commitment to completing the 12 week course". Nineteen completed the programme. The study compared one group taking Slenderiix, Xceler8 and Nutrifii; one group taking Slenderiix, Xceler8, Nutrifii and Resoriix; one group taking Slenderiix, Xceler8, Nutrifii, Rejuveniix and Resoriix; and a "control group" which took Nutrifii and Resoriix. All groups also reduced their calorie intake to to 1250 calories during the study. The groups were also given detailed advice about food selection, daily calorie maximum intake and appropriate hydration in relation to their diet.
The study provided the minimum and maximum starting weights and averages, but did not detail how the individuals within the groups were selected to ensure that the groups were comparable and sufficiently representative of any relevant variables to draw robust conclusions, nor did the study specify how many individuals were in each group. The ASA was concerned that each group might have unequal numbers of participants and/or an insufficient number of participants to draw robust conclusions.
Individuals were also required to participate in an exercise programme. However, the study suggested that the participants could select their own exercise programme, if they wished, and were concerned that different exercise programmes, in the context of a weight loss study, could also affect the robustness of the conclusions drawn in relation to the effects of Slenderiix and Xceler8.
In light of the possible limitations of the methodology used, we considered that the study was unlikely to be sufficiently robust to support any weight loss claims.
Moreover, we noted that the CAP Code required homeopathic medicinal products to be registered in the UK and to confine information given in marketing communications to that which appeared on the product label. We considered that the ad was promoting the homeopathic products Slenderiix & Xceler8, but understood, following consultation with the Medicines and Healthcare Products Regulatory Agency (MHRA), that Slenderiix and Xceler8 were not licensed as medicines in the UK.
We considered that claims such as "Slenderiix ... alleviates hunger as it flushes fats and toxins from our systems", "Slenderiix signals your hypothalamus to mobilize fat out of your body's fat storage areas makes it available for you to burn as you go about your daily activities", "Slenderiix and Xceler8 Drops begin to curb your hunger and release fat stores to help feed your body" and "Xceler8 helps ensure maximum effectiveness when used with Slenderiix Drops ... it optimizes absorption of everything you eat and drink, including the Slenderiix drops" were medicinal claims that the products achieved weight loss. Because those medicinal claims were being made in relation to unlicensed homeopathic products, we concluded that the claims breached the advertising Code.
On that point, the claims breached CAP Code (Edition 12) rules
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
and
12.20
12.20
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. Marketing communications must include a warning to consult a doctor if symptoms persist. Marketing communications for an unlicensed product must not make a medicinal or therapeutic claim or refer to an ailment unless authorised by the MHRA to do so.
(Medicines, medical devices, health-related products and beauty products).
Action
The claims must not appear again in their current form. We told the advertisers not to make medicinal claims for Slenderiix and Xceler8.
