Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Ads for Kim Constable Ltd t/a The Sculpted Vegan-Menopause Shred, a diet and fitness plan, seen in April 2022:
a. The homepage on the website www.thesculptedvegan.com, featured claims relating to the “Menopause shred”. The ad displayed an image of a woman in a sports bra and briefs alongside text stating, “The Menopause Shred. 12 weeks to Rapid Fat Loss in Menopause. On the Menopause shred most women easily lose 5% of their body fat in the first 14 days. You can too”. The ad contained a link “join the menopause shred” which linked through to the diet and fitness programme page on the same website. That full page ad contained multiple claims regarding the success of the programme. Text included, “I’ve hacked the precise science of fitness for menopausal women”, “In this program…reduce hot flashes [sic] by 50%” and “I am about to finally reveal my step-by-step plan that YES, will drop up to 40 pounds of fat in just 12 weeks *depending on how much fat you have to lose*”. Two payment options to sign up for the programme were provided at the end of the page.
b. An Instagram post on Kim Constable’s Instagram page @thesculptedvegan, contained an image of a woman wearing a cropped sportswear top and leggings in a weight lifting gym taking a selfie. A text box stating “Did you know the menopause diet makes you lose ALLLLL [sic] the water weight and bloating disappears? It’s like magic”. The Instagram story linked to the Menopause Shred website.
Issue
The complainant challenged whether:
1. the claims “Get rid of all water weight and bloating”, “reduce hot flashes [sic] by 50%”, “I’ve hacked the precise science of fitness for menopausal women” and “the menopause diet makes you lose all the water weight and bloating disappears” were misleading and could be substantiated;
2. the ads discouraged essential treatment for a condition for which medical supervision should be sought, namely symptoms of menopause including hot flashes [sic]; and
3. the claims “most women easily lose 5% of their body fact in the first 14 days. You can too”, “12 weeks to rapid fat loss in menopause” and “drop up to 40 pounds of fat in just 12 weeks” complied with the Code.
Response
1, 2 & 3. Kim Constable Ltd t/a The Sculpted Vegan – Menopause Shred said all their programmes followed the same principles of diet and exercise and that the Menopause Shred was extensively researched and tested on their coaching team before it was released. They said the programme used the same principles as ‘The 4 Hour Body’ by Tim Ferriss, who was given credit in the Menopause Shred, and the principles were adapted from a body building-style shred. They provided details of a study Tim Ferriss used to claim the success of his diet plan. They considered that was relevant because The Menopause Shred and The 4 Hour Body shared the same nutrition principles, along with the fact that the exercise and cardio were identical.
They said that when someone purchased a programme they were invited to join a private Facebook group where they were coached by their trained team. They provided the numbers of people in their coaching programmes as well as subscribers to their app.
They said that they did not conduct any of their own peer reviewed, scientific, control group study research for Menopause Shred or any of their other programmes and did not have any scientifically controlled studies to support their claims about body fat or menopause. However, they considered the volume of Menopause Shred programmes sold, along with the hundreds of unsolicited and voluntarily supplied testimonials, photos and reports were sufficient evidence for their claims. They provided a sample of before and after photos and personal testimonies, including one from a client Ms Constable had personally worked with, and who they said had lost 40lbs in eight weeks. They said that all their programmes carried a results’ disclaimer that they did not guarantee results, because everyone was different. They said the 40lb claim was based on someone having a lot of fat to lose.They did not consider the Instagram post to be an ad since it was from Ms Constable’s private Instagram account and her own opinion of the Menopause diet, which was not the same as the Menopause programme. However, they acknowledged she did link to the sales page. They said that the caption reported what members of their coaching groups had said when they started the bodybuilding programmes.
Assessment
1. Upheld
The ASA considered consumers would interpret the claim “I’ve hacked the precise science of fitness for menopausal women” to mean that Kim Constable had medical or scientific knowledge regarding the fitness of menopausal women. We considered that consumers would understand it was specific knowledge of the menopause that was used in the development of the Menopause Shred programme. We therefore considered consumers would understand from the claims, “Get rid of all water weight and bloating”, “reduce hot flashes [sic] by 50%” and “the menopause diet makes you lose all the water weight and the bloating disappears”, that by following the Menopause Shred plan, they would be able to reduce the stated difficult symptoms experienced by women during menopause.
Given the objective nature of the claims, we expected to see robust evidence to substantiate them, most likely consisting of rigorous trials on menopausal women. We acknowledged the testimonial evidence submitted, but considered it did not constitute sufficient evidence to substantiate the claims. We noted that, according to The Sculpted Vegan, the Menopause Shred was based on the principles of a programme that was not specific to the menopause, and it was therefore not clear how those principles related to the stated symptoms. Notwithstanding that, as we had not seen any robust scientific evidence to substantiate the claims in the ad, we concluded the claims were misleading.
On that point, the ads breached 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), and
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.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
The CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought. Advertisers must not offer specific advice on diagnosis of or treatment for such conditions, unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified medical professional.
We considered that the claims relating to menopausal symptoms, specifically hot flushes, would be interpreted by consumers to mean that the programme could reduce those symptoms. We noted that support for the programme was provided via Facebook coaching groups and at times involved direct support from Ms Constable. However, we did not receive any evidence that those involved in the coaching groups or Ms Constable herself were suitably qualified health professionals. In addition, we considered the references to those symptoms could discourage consumers from seeking essential treatment under the supervision of a suitably qualified health professional. For those reasons, we concluded that the ad breached the Code.
On that point, ad (a) breached CAP Code (Edition 12) rule
12.2
12.2
Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered (see rule 12.11).
Health professionals will be deemed suitably qualified only if they can provide suitable credentials, for example, evidence of: relevant professional expertise or qualifications; systems for regular review of members' skills and competencies and suitable professional indemnity insurance covering all services provided; accreditation by a professional or regulatory body that has systems for dealing with complaints and taking disciplinary action and has registration based on minimum standards for training and qualifications.
(Medicines, medical devices, health-related products and beauty products).
3. Upheld
The CAP Code required that marketing communications must not contain claims that people could lose precise amounts of weight within a stated period.
We considered that the claims “most women easily lose 5% of their body fat in the first 14 days. You can too”, “12 weeks to rapid fat loss in Menopause” and “drop up to 40 pound of fat in just 12 weeks” would be interpreted by consumers to mean they could lose a precise amount of weight within a stated period. Therefore, we concluded the ad breached the Code.
On that point, the ads breached CAP code (Edition 12) rule 13.9 13.9 Marketing communications must not contain claims that people can lose precise amounts of weight within a stated period or, except for marketing communications for surgical clinics, establishments and the like that comply with rule 12.3, that weight or fat can be lost from specific parts of the body. (weight control and slimming).
Action
The claims must not appear again in their current form. We told Kim Constable Ltd t/a The Sculpted Vegan/Menopause Shred to ensure that they did not make claims as to the efficacy of any of their programmes, including the use of testimonials, unless they held adequate evidence that substantiated those claims. We also told them not to make claims that discouraged the essential treatment for a condition for which medical supervision should be sought. Finally, we told them not to make claims that people could lose precise amounts of weight within a stated period.
