Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A teleshopping presentation for Lashile Beauty supplements, seen on The Jewellery Channel on 24 June 2022, which featured two products – “Good Slim Gummies” and “Good Diet Gummies”.
The presentation made a number of health claims about the “Good Slim Gummies”, including: “fight stubborn areas of fat”, “lose weight”, “control appetite”, “fight water loss”, “L-carnitine fat burner, increases endurance, helps with energy”.
The presentation also made a number of health claims about the “Good Diet Gummies”, including: “appetite suppressant”; “I suffer from hypoglycaemia, so if I don’t get my sugar levels right I use this as a preventative”; “12 plus can use it, no one under the age of 12 can use it”; “Chromium, it balances your sugar levels, your carbs, your lipids. It prevents the onset of Type II Diabetes”; “Do you know someone who is struggling with high levels of cholesterol? You want to give them one to try”; “the carrow in the Good Diet … it’s basically a slimming fibre … it gels to the stomach, leaving you feeling fuller for longer”; “L-tyrosine … to facilitate slimming, it’s going to increase your metabolism, and it’s going to relieve anxiety. So for those of you that suffer from crippling anxiety … you want to be on the Good Diet. It’s got a real … serotonin boost in this, it absolutely picks up your mood”; and “the Chromium … is your anti-sugar, micronutrient … it metabolises your carbs and your lipids as well. It improves your overall cholesterol. It improves the onset of Type II Diabetes, and cardiovascular disease”.
Issue
The complainant challenged whether:
1. the health claims in the ad complied with the Code;
2. the ad made claims to prevent, treat, or cure disease, which were prohibited by the Code; and
3. the reduction of disease risk claims in the ad complied with the Code.
Response
1., 2. & 3. Shop TJC Ltd said they had suspended advertising of the products, and the claims would not be repeated in any future presentations of the products. They had spoken to the presenter involved in the presentation, and were liaising with the products’ manufacturer about the complaint. They planned to roll-out a programme of training for staff on their responsibilities under the BCAP Code, including the risks associated with health claims, and were in the process of discussing the content and format of that training with specialist, external advertising lawyers.
Assessment
1. Upheld
The CAP Code required that only health claims authorised on the Great Britain nutrition and health claims register (the GB Register) were permitted in marketing communications for foods. The CAP Code defined health claims as those that stated, suggested or implied a relationship between a food, drink or ingredient and health.
The ASA considered the claims: “Good Slim”; “Good Diet”; “fight stubborn areas of fat”, “lose weight”; “control appetite”; “appetite suppressant”; “fight water loss”; “L-carnitine fat burner, increases endurance, helps with energy”; “Chromium … balances your sugar levels, your carbs, your lipids”; “Chromium … is your anti-sugar, micronutrient … it metabolises your carbs and your lipids as well”; “the carrow … it’s basically a slimming fibre … it gels to the stomach, leaving you feeling fuller for longer”; “L-tyrosine … to facilitate slimming, it’s going to increase your metabolism”; and “It’s got a real … serotonin boost in this, it absolutely picks up your mood” to be 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 Register, or that the products shown in the ad met the conditions of use associated with any authorised claims.
We welcomed Shop TJC’s assurance that the products were no longer being advertised. However, because at the time the ad was seen it made specific health claims that were not authorised on the GB Register, we concluded that it had breached the Code.
On that point, the ad breached BCAP Code rules
13.4
13.4
Only nutrition claims listed in the applicable register are permitted in advertisements.
Only health claims listed as authorised in the applicable register or claims that would have the same meaning for the audience may be used in advertisements.
13.4.2
13.4.2
Advertisements 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 applicable register. Advertisements must not give a misleading impression of the nutrition or health benefits of the product as a whole and factual nutrition statements should not imply a nutrition or health claim that cannot be supported. Claims must be presented clearly and without exaggeration
(Food, food supplements and associated health or nutrition claims), and
13.7.1
13.7.1
Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule
13.4
13.4
Only nutrition claims listed in the applicable register are permitted in advertisements.
Only health claims listed as authorised in the applicable register or claims that would have the same meaning for the audience may be used in advertisements.
above. Advertisements 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 by the applicable register.
(Food supplements and other vitamins and minerals).
2. Upheld
The CAP Code prohibited claims that stated or implied a food could prevent, treat or cure human disease. We considered consumers would understand the claims “I suffer from hypoglycaemia, so if I don’t get my sugar levels right, I use this as a preventative”, “prevents the onset of Type II Diabetes” and “relieve anxiety” to mean the advertised supplements could prevent hypoglycaemia and the onset of Type II Diabetes, and treat anxiety.
We considered that the ad made claims that a food supplement could prevent, treat or cure disease and concluded that it therefore breached the Code.
On that point, the ad breached BCAP Code rules 13.6 13.6 These are not acceptable in advertisements for products subject to this section: and 13.6.2 13.6.2 Claims that state or imply a food prevents, treats or cures human disease. Reduction-of-disease-risk claims are acceptable if authorised by the applicable register (Food, food supplements and associated health and nutrition claims).
3. Upheld
The CAP Code stated that reduction of disease risk claims were acceptable if authorised on the GB Register. We considered that the claims “Do you know someone who is struggling with high levels of cholesterol? You want to give them one to try”, “It improves your overall cholesterol” and “It improves the onset of Type II Diabetes, and cardiovascular disease” were likely to be interpreted as reduction of disease risk claims. However, those claims did not appear on the GB Register and we had not received any supporting evidence that explained the basis on which the claims were made. Because the ad made reduction of disease risk claims which did not appear on the GB Register, we concluded that it had breached the Code.
On that point, the ad breached BCAP Code rules 13.6 13.6 These are not acceptable in advertisements for products subject to this section: and 13.6.2 13.6.2 Claims that state or imply a food prevents, treats or cures human disease. Reduction-of-disease-risk claims are acceptable if authorised by the applicable register (Food, food supplements and associated health and nutrition claims).
Action
The ad must not be broadcast again in the form complained of. We told Shop TJC Ltd to ensure that any specific health claims, or reduction of disease risk claims, made in their future advertising were authorised on the GB Register and met the associated conditions of use. We also told them not to state or imply that their food supplements could prevent, treat or cure human disease.
BCAP Code
13.4.2 13.4 13.6 13.7.1 13.6.2
