Background
This Ruling forms part of a wider piece of work on ads making claims about the treatment of symptoms of the menopause. The ad was identified for investigation following intelligence gathered by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules.
Ad description
Two paid-for Facebook ads for Rejuvit, a supplement company, seen on 5 April 2024:
a. A paid-for Facebook ad for Rejuvit Ageless Vitality, included a caption that stated “Get Up To 35% Off Rejuvit Menopause Relief”. The ad included a quote from a customer that stated, “I’m telling you, once you start, you’ll keep seeing results. Around 2-8 weeks after my first capsule, I already had extra room in my pants (everyone was asking how I lost weight), I felt more energized, and the hot flashes [sic] were gone! […] I just keep feeling better, healthier, and happier.”
Further text stated, “Not just about maintaining shape, but unlocking clarity, energy, and daily consistency […] It’s not too late to take charge of our well-being. Let’s prioritize our health”.
b. A paid-for Facebook ad for Rejuvit Graceful Ageing, included a long caption that began “I’m 55 […] Menopause sucks so bad! Not to mention the hot flashes [sic] and joint pain I’ve had for over 7 years […] the tummy or gut area is so bloated and big […] That’s precisely how Katy felt when she entered menopause". Further text stated, “Many women think weight gain and muffin tops during menopause are typical and can’t be stopped. Along with bloating, low energy, and digestive issues”.
The ad included testimonials from customers who described how it helped with various symptoms of the menopause, including, “I have an energy level like you can’t imagine. The weight gain is getting better, but the bloat is what I noticed a significant difference in”; and “My first week was crazy good […] And the weight… went from 193 to 187”.
Further text stated, “Curcumin is a phytoestrogen (a plant source of estrogen [sic]) that helps women to rebalance their estrogen [sic] levels naturally […] It is also a natural antimicrobial and anti-inflammatory herb that supports weight control, digestion, joint pain & cools hot flashes [sic] […] Magnesium Glycinate leaves provide an even more potent anti-inflammatory benefit from Curcumin […] During menopause, Magnesium levels drop severely, leading to anxiety, mood swings, and brain fog. A daily dose of Magnesium Glycinate replenishes the body and helps women with low energy feel recharged in the morning […] Probiotics are great for strengthening the gut and populating it with good bacteria. A drop in estrogen [sic] levels after 30s can cause bad bacteria to grow quicker in the gut (which can also lead to gut inflammation and ‘leaky gut’). This is why it’s common to experience bloating, weight gain, and other digestive issues in our 40-60s. We’ve added unique fat-neutralizing probiotic strains – like L. Gasseri & B. Lactis – that have been studied to impact bloating and stubborn fat”.
Further text stated, “By combining these 3 ingredients, Rejuvit Menopause Relief helps to: 1. Manage weight gain. 2. Reduce MenoPot 3. Manage bloating 4. Ease hot flashes [sic]/night sweats 5. Give a burst of new energy throughout the day 6. Support quality sleep 7. Promotes healthier metabolism 8. Soothe obesity-causing inflammation 9. Slow down fat accumulation”.
The ad contained an image that included a bottle of the product. Text above the image stated, “1 BOTTLE shrinks meno-belly”. Further text stated, “Reduces bloating and fluid retention in 1 to 3 days; Eliminates hot flashes [sic] in as little as 4 to 7 days; Induces deep, uninterrupted sleep in 5 to 7 days; Starts shifting hormonal weight in 15 to 30 days”.
Issue
The ASA challenged whether the ads included claims about food supplements which were prohibited by the Code:
1. stated and implied claims that the supplements, or substances in them, could help to prevent, treat or cure the symptoms of the menopause; and
2. health claims which referred to a rate or amount of weight loss.
Response
1. & 2. Rejuvit Labs LLC t/a Rejuvit Graceful Ageing, Rejuvit Ageless Vitality did not respond to the ASA’s enquiries.Assessment
The ASA was concerned by Rejuvit Labs LLC t/a Rejuvit Graceful Ageing, Rejuvit Ageless Vitality’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that claims which stated or implied a food could prevent, treat or cure human disease were prohibited for foods.Ad (a), from Rejuvit Ageless Vitality, was for the “Rejuvit Menopause Relief” supplement. The ad included a customer testimonial that stated, “Around 2-8 weeks after my first capsule, I already had extra room in my pants (everyone was asking how I lost weight), I felt more energized, and the hot flashes [sic] were gone […] I just keep feeling better, healthier, and happier”. The ad further stated, “Not just about maintaining shape, but unlocking clarity, energy, and daily consistency […] It’s not too late to take charge of our well-being. Let’s prioritize our health”. We considered that consumers would understand these to be claims that the product could treat symptoms of menopause, including resolving menopause-related weight gain, increasing energy levels and stopping hot flashes [sic]. Ad (a) therefore made claims that Rejuvit Ageless Vitality supplements could resolve symptoms of menopause.
Ad (b), from Rejuvit Graceful Ageing, opened with the claim “I’m 55 […] Menopause sucks so bad! Not to mention the hot flashes [sic] and joint pain I’ve had for over 7 years. […] the tummy or gut area is so bloated and big […] That’s precisely how Katy felt when she entered menopause". Further text stated, “Many women think weight gain and muffin tops during menopause are typical and can’t be stopped. Along with bloating, low energy, and digestive issues”. We considered this would be understood by consumers to mean that the Rejuvit Graceful Ageing supplements could be used to treat symptoms of the menopause, in particular weight gain, bloating, low energy levels and digestive issues.
These claims were further emphasised with other testimonials from customers that stated, “I have an energy level like you can’t imagine. The weight gain is getting better, but the bloat is what I noticed a significant difference in”; and “My first week was crazy good […] And the weight… went from 193 to 187”. We considered consumers would further understand these to be references to the Rejuvit Graceful Ageing supplements being used to treat symptoms of the menopause.The ad included a list of ingredients that were in the supplements, and stated how they helped with symptoms of the menopause, including stopping hot flushes, aiding in weight loss, improving mood swings, rebalancing oestrogen levels, and stopping brain fog. We further considered these were claims to treat and cure such symptoms of the menopause.
Lastly, the image in the ad stated, “1 BOTTLE shrinks meno-belly”. Further text stated, “Reduces bloating and fluid retention in 1 to 3 days; Eliminates hot flashes [sic] in as little as 4 to 7 days; Induces deep, uninterrupted sleep in 5 to 7 days; Starts shifting hormonal weight in 15 to 30 days”. Those were also claims that the supplement could treat symptoms of the menopause.
Both ads included a range of claims that the supplements could treat or cure symptoms of the menopause, both in general terms and in relation to specifically described symptoms. Such claims were, for the purposes of the Code, claims to treat disease, which were prohibited for food and food supplements. The ads therefore breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 15.6 and 15.6.2 (Food, food supplements and associated health or nutrition claims).
2. Upheld
The CAP Code stated that health claims that referred to a rate or amount of weight loss were not permitted when made in relation to a food. Claims that consuming a food or food supplement could result in weight loss were health claims.Ad (a) stated, “Around 2-8 weeks after my first capsule, I already had extra room in my pants”. We considered consumers would understand the claim to mean that consuming Rejuvit Ageless Vitality supplements would result in weight loss within two to eight weeks. That claim therefore related to a rate of weight loss.Ad (b) stated, “And the weight … went from 193 to 187” which we considered would be understood by consumers as meaning that as a result of consuming Rejuvit Graceful Ageing supplements, that person’s weight had gone from 193 lbs to 187 lbs. The ad also stated “Start shifting hormonal weight in 15 to 30 days”, which we considered consumers would understand as referring to a rate of weight loss.
Because the ads included health claims, made in relation to food that referred to a rate and an amount of weight loss, we concluded they breached the Code.On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 15.6 and 15.6.6 (Food, food supplements and associated health and nutrition claims).
Action
The ads must not appear again in their current form. We told Rejuvit Labs LLC t/a Rejuvit Graceful Ageing, Rejuvit Ageless Vitality not to state or imply their food supplements could prevent, treat or cure human disease, which for the purposes of the Code included claims to treat or cure the symptoms of menopause.
We also told them to ensure their ads for foods did not include health claims that referred to a rate or amount of weight loss. We referred the matter to CAP’s Compliance team.
