Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Three paid-for Meta ads for Ovira, a food supplement company:
a. The first ad, published on 5 June 2024, included text that stated, “‘I was close on getting on prescription weight loss medication but decided to give these a try and I am amazed. I take them first thing in the morning on an empty stomach. I Notice [sic] a good energy boost from them which is a plus for me. I hardly get hungry throughout the day so I started taking multivitamins and protein shakes to get some kind of nutrition. If you want to stop putting away the sweet stuff, try this product. It works.’ – Nicole F…”.
The ad included an image with text that stated, "POV: when u have PCOS and try the ozemp*c dupe pills and finally lose weight" and a photo from a Harry Potter film with text that stated, "WHAT KIND OF SORCERY IS THIS".
Further text underneath stated, "Highest rated cravings supplement (4.9/5) Get FAST relief from cravings. Food Craving Control Naturally Feel Full Faster & Stay Full Longer Reduction in Overall Appetite Optimize Fat Burning Efficiency Blood Sugar …" and a button labelled "Learn more".
b. The second ad, published on 17 June 2024, included the same text as in ad (a).
The ad included an image with text that stated, "when u hear that ozemp*c dupe pills work for menopause weight gain".
Further text underneath the image stated, “Proven Results”, and the same text as that underneath ad (a).
c. The third ad, published on 17 June 2024, included text that stated, “‘I was skeptical [sic] when purchasing because I didn’t know if it would work. IMO it works a little too well! I can’t tell if I’m hungry. I almost feel like I’m forcing myself to eat. I don’t really like that feeling. But at least it’s working!’”. Text alongside ticked bullet points stated, “Fast Relief From Cravings”, “Boosts Metabolism”, “No Side Effects” “Real Results” and “Backed by Science”.
The ad included an image of two Curb Crave bottles with text that stated, “SUMMER BODY IN A BOTTLE BURN HARD TO LOSE AREAS APPETITE SUPPRESSION BOOST METABOLISM LOSE 15-20% OF BODY WEIGHT WEIGHT LOSS FEEL FULLER FASTER & LONGER” and a button labelled “SHOP NOW”.
Text underneath stated, “Proven Results” and then included the same text as underneath ad (a).
Issue
Two complainants challenged whether:
- the specific health claims in the ads complied with the Code;
- the ads referred to an amount or rate of weight loss, which was prohibited by the Code; and
- the ads included claims to prevent, treat or cure human disease.
Response
Ovira Australia t/a Ovira said that the ads were part of a global campaign on Meta’s platform, which allowed targeting of users in any country, including the UK. They said that whilst this worldwide approach had been effective for them in reaching diverse audiences, they had not adapted the ads to meet the specific local requirements of the UK market.
They confirmed that they had removed the ads and were also undertaking a review of all their marketing practices and implementing measures to ensure that all future ads complied with the CAP Codes.
Assessment
1. Upheld
The CAP Code required that only health claims authorised on the Great Britain nutrition and health claims register (the GB NHC Register) were permitted in marketing communications for foods. The Code defined health claims as those that stated, suggested or implied a relationship between a food, drink or ingredient and health. Brand name or fancy names which may be construed as a health claim must be accompanied by a related authorised health claim.
Ads (a) and (b) included the claims “Get FAST relief from cravings”, “Food Craving Control”, “Feel Full Faster & Stay Full Longer”, “Reduction in Overall Appetite” and “Optimize fat burning Efficiency Blood Sugar”. Ad (c) included the claims “BURN HARD TO LOSE AREAS”, “APPETITE SUPPRESSION” and “BOOST METABOLISM”. The ASA considered those were specific health claims for the purposes of the Code. However, we had not seen any evidence which demonstrated that those claims were authorised on the GB NHC Register.
Ad (c) also featured the name “Curb Crave” on the supplement bottle, which we understood to be a fancy name for the product. We considered that claim was also a health claim. However, it was not accompanied by a related authorised health claim.We concluded the above claims were unauthorised claims and that the ads breached the Code.
On that point, ads (a), (b) and (c) breached CAP Code (Edition 12) rules 15.1, 15.1.1 (Food, food supplements and associated health or nutrition claims), and 15.7 (Food supplements and other vitamins and minerals).
2. Upheld
The CAP Code stated that health claims that referred to a rate or amount of weight loss were not acceptable when made in relation to a food supplement.We considered that consumers would understand from the claim “LOSE 15-20% OF BODY WEIGHT” in ad (c), that by using the Curb Crave food supplement product, they could reduce their body weight by 15 to 20%. We considered that the claim referred to an amount of weight loss in relation to a supplement and therefore breached the Code.
On that point, ad (c) breached CAP Code (Edition 12) rules 15.6 and 15.6.6 (Food, food supplements and associated health or nutrition claims).
3. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods; including food supplements. It also stated that medicinal claims may be made for a medicinal product that was licensed by the MHRA or under the auspices of the EMA. Medicines must have a license from the MHRA or under the auspices of the EMA before they were marketed.
Ad (a) stated, “… when u have PCOS and try the ozemp*c dupe pills and finally lose weight". Ad (b) stated, "… when u hear that ozemp*c dupe pills work for menopause weight gain". We considered those claims implied that the food supplement could treat or cure weight gain that was a symptom of polycystic ovary syndrome (PCOS) and the menopause. PCOS was a medical condition and we considered ad (a) therefore implied that the food supplement product could prevent, treat or cure that condition. While the menopause was not itself a medical condition, symptoms of the menopause were adverse medical conditions. We therefore considered that ad (b) also breached the Code in that regard.
We further considered that the references in ads (a) and (b) to “prescription weight loss medication” and “ozemp*c dupe pills” implied that the food supplement had the same weight-loss effects as the prescription-only medicine Ozempic and other medicines prescribed for their weight-loss effects. Those claims therefore implied that the food supplement had medicinal properties, which fell under the prohibited claims that a food could prevent, treat or cure human disease. Additionally, claims that a product had medicinal properties may only be made for a licensed medicinal product. We had not seen evidence that the product was appropriately licensed.
Because the ads implied that a food supplement could prevent, treat or cure human disease, and featured claims that an unlicensed product had medicinal properties, we concluded that they breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 12.1, 12.11 (Medicines, medical devices health-related products and beauty products), 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
Action
The ads must not appear again in the form complained of. We told Ovira Australia t/a Ovira to ensure that specific health claims were authorised on the GB NHC register, and did not refer to a rate or amount of weight loss. They should not state or imply that a food could prevent, treat or cure human disease. We also told them not to make medicinal claims for unlicensed products.
CAP Code (Edition 12)
15.1 15.1.1 15.7 15.6 15.6.6 12.1 12.11 15.6.2
