Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A paid-for Facebook ad for corset-style shapewear, seen in May 2022, stated, “High-waist women’s panties shape the ideal body shape for the body ! ! !”
A video embedded in the ad featured text stating, “postpartum high waist tummy underwear” and a series of images showing the product being worn. It then showed a woman wobbling her stomach alongside text stating “postpartum belly probleme [sic]”. That was followed by a surgeon marking a stomach before surgery alongside text stating, “OPERATION IS NOT THE ONLY WAY”.
The video also featured an image of a cross-section of skin and subcutaneous fat, where the fat was shown diminishing alongside text stating, “Patent Magnet Design – 4 times Fat Burning”.
Further text in the video stated, “Brings back your Sexy figures Without Expensive Surgery” and “Put your abdomen and buttocks away to give you a good figure”.
The ad also featured “before” and “after” images.
Issue
The ASA challenged whether:
1. the ad was irresponsible because it exploited people’s insecurities around body image and because it encouraged rapid post-partum weight loss;
2. the ad misleadingly implied that the product could cause permanent shape change; and
3. the claim ”4 times fat burning” could be substantiated and was misleading.
Response
Heezes.com did not respond to the ASA’s enquiries.Assessment
The ASA was concerned by Heezes.com’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 to our enquiries and told them to do so in future.
1. Upheld
The CAP Code required marketers to ensure advertising was prepared with a sense of responsibility to consumers and to society.
The ASA acknowledged that women may already be body conscious because of pre-existing societal pressures. Also, any concerns and anxieties about their weight and shape were likely to have been heightened after giving birth.
We considered that the image of a wobbly stomach and the references to “post-partum belly problems”, “brings back your sexy figures”, “the ideal body shape” and “put your abdomen and buttocks away to give you a good figure” exploited those anxieties. We also considered that references to “operation is not the only way” and “without expensive surgery” equated the use of the product to weight loss through surgical means, which would achieve a significant amount of weight loss in a short space of time. Because of that, we considered the ad exploited people’s insecurities around body image, particularly new mothers, and encouraged rapid post-partum weight loss.
We concluded that the ad was therefore irresponsible and breached the Code.
On that point, the ad breached CAP Code (Edition 12) 1.3 1.3 Advertisements must comply with the law and broadcasters must make that a condition of acceptance. (Social responsibility).
2. Upheld
We considered that consumers would understand the references to ”fat burning”, the illustrations showing internal organs and subcutaneous fat appearing to shrink, the images of slim women wearing bikini-style underwear (rather than the advertised shapewear), the “before” and “after” photos showing a significantly slimmer figure, alongside the claim “Brings back your sexy figure without expensive surgery” to mean that the product could cause permanent or lasting weight change. Furthermore, offering the product as an alternative to surgery (with the claim “Operation is not the only way”) implied that, like surgery, the product’s effect on the user’s shape was long lasting.
However, the product was a tight-fitting garment which could, at best, achieve a short-term loss of girth.
Because the overall impression given by the ad was that the product could cause permanent shape change, when that was not the case, we considered that it was misleading and breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 13.12 13.12 Television only – Although children might be expected to exercise some preference over the food they eat or drink, advertisements must be prepared with a due sense of responsibility and must not directly advise or ask children to buy or to ask their parents or other adults to make enquiries or purchases for them. (Please see rule 5.9 in Section 5: Children) (Weight control and slimming).
3. Upheld
We considered that consumers would understand the claim “Patent magnet design - 4 times fat burning” to mean that the magnet technology in the product had a physiological effect on fat stores so that a person wearing the garment could burn four times more fat than they usually would, without needing to exercise or make changes to their diet.
We also considered that consumers would understand from the ad that the product would allow them to lose fat and weight from their stomach and waist through targeted weight loss.In the absence of adequate evidence from the advertiser to show that the product’s magnet technology increased the body’s ability to burn fat around the stomach and waist by four times, we concluded that the claim had not been substantiated and was misleading.
On that point, the claim breached CAP Code (Edition 12) rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Advertisements must not falsely imply that the advertiser is acting as a consumer or for purposes outside its trade, business, craft or profession. Advertisements must make clear their commercial intent, if that is not obvious from the context. (Substantiation), and 13.9 13.9 Television only – Promotional offers must be used with a due sense of responsibility. They may not be used in HFSS product advertisements targeted directly at pre-school or primary school children. (Weight control and slimming).
Action
The ad must not appear again in the form complained about. We told Heezes.com not to claim that their products could help consumers lose fat or weight, either generally or from specific parts of the body, or cause permanent shape change. We also told them to ensure their ads did not irresponsibly exploit people’s insecurities around body image, particularly in relation to new mothers. We referred the matter to CAP’s Compliance team.
