Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
a. A paid-for ad on Facebook for Slimzene showed a photograph of the singer Adele and stated "Adele loses 27Kgs/month - See how Adele loses 27 Kgs/month [sic] with one simple trick". This ad took users to ad (b).
b. The home page of the website www.fatshred.com stated "Online Consumer Lifestyles". The website appeared to be a magazine style article about Adele's weight loss and the effects of two weight loss products. The heading stated "Today's Diet Tip: How Adele dropped 4 dress sizes - As part of a new series: "Diet tips from the Stars" we examine consumer tips for dieting during a recession". To the right of the page it showed two images of Adele in the style of before and after photographs. Beneath the photographs text stated "Adele recently put the Raspberry Ketone Diet to the test. And the results were surprising: "I lost 32kgs [sic] in four weeks with No Special Diet, No Intense Exercise!" The benefits of the Raspberry Ketone beat all of our initial scepticism. We found the diet not only helped with weight loss and getting rid of belly fat, but it seemed to boost energy levels, and also helped Adele sleep better and to wake-up more rested. She also shares her steps on how she got a free trial". Beneath this paragraph two links appeared. The first stated "Step 1 - First order Slimzene. Get a free trial for £4.95 by Clicking Here [weblink]”. The second stated "Step 2 - Second order Pura Cleanse Use this exclusive link and pay £4.95. Use coupon code ‘SHIPSAVE’ to get shipping reduced to £2.49 instead of £4.95 [crossed through]. Free Trial Promotion Valid Till [sic]: Thursday, March 21, 2013". These links took consumers to two websites for weight loss and colon cleansing products.
Further text stated "Raspberry Ketone has been found to increase metabolism, boosting weight loss by 800%".
Issue
A complainant challenged whether:
1. ad (b) was identifiable as marketing material;
2. the claims in ads (a) and (b) that Adele had used the products for weight loss were misleading and could be substantiated; and
3. the weight loss health claims that raspberry ketone could contribute to weight loss were authorised on the EU register.
Response
Slimzene did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Slimzene's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.
1., 2. & 3. Upheld
Slimzene had not supplied evidence or other information that: demonstrated that ad (b) was identifiable as marketing material; substantiated the claims in ads (a) and (b) that Adele had used the products for weight loss; or showed that the weight loss health claims that raspberry ketone could contribute to weight loss were authorised on the EU register. Because of that, we concluded that ads (a) and (b) were misleading and in breach of the Code.
On point 1, ad (b) breached CAP Code (Edition 12) rules
2.1
2.1
Marketing communications must be obviously identifiable as such.
(Recognition of marketing communications) and
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
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).
On point 2, ads (a) and (b) breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
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) 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.
(Endorsements and testimonials).
On point 3, ads (a) and (b) breached CAP Code (Edition 12) rule 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).
Action
The ads must not appear again in their current form. We referred the matter to CAP's Compliance team.
