Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Four Instagram posts by Skinny Revolution Ltd, a weight loss injection provider:
a. The first post, seen in March 2020, featured an image of a slim woman showing off her figure, alongside the claims “QUICK RESULTS WITH SKINNY REVOLUTION”, “LOSE OVER A FULL STONE IN JUST 2-4 WEEKS” and “BASED ON RESULTS OF PAST CLIENTS”. The caption stated, “You can lose over ONE STONE in just a month with Skinny Revolution. This is based on the results of past clients” and included the hashtags “#skinnypen”, “#loseweight”, “#skinnyjab”, “#fatreduction” and “#fatinjection”.
b. The second post, seen in March 2020, featured an image of a pair of trainers, headphones, a water bottle and phone, and included a review from a Trustpilot user, which stated, “Let me tell you about the Saxenda skinny pen. The best way I can describe it is imagine being on a diet, but hunger and cravings are not a factor. It’s impossible to over eat or binge because you just don’t fancy anything. It’s like going back to basics, eating to fuel the body and not for emotional reasons or boredom or anything else. I’ve been on it for a week so far and have lost 7 pounds.”
c. The third post, seen in March 2020, featured two images of a slim Kerry Katona, one in a bikini and another in a dress. The caption stated, “Kerry Katona lost over 2 stone with Skinny Revolution in just 2 short months! Our weight loss programme combine [sic] an appetite suppressant with a change in lifestyle as well as content support to get you to your ideal weight”. Hashtags included “#kerrykatona” and “#skinnyjabs”.
d. The fourth post, seen in April 2020, featured a “before” image of a slim Barbie doll and an “after” image of an overweight Barbie doll, alongside the caption “Me in Quarantine”. The caption stated “Don’t let lockdown knock you back! Use this time to keep working toward your weight loss goal and come out the other side looking AMAZING!!! Skinny Revolution is here to help you. Enquire for more information.” Hashtags included “#funny”, “#meme”, “#weightlossmotivation”, and “#lockdown”.
Issue
The ASA challenged whether:
1. the claims “LOSE OVER A FULL STONE IN JUST 2-4 WEEKS”, “I’ve been on it for a week so far and have lost 7 pounds”, and “Kerry Katona lost over 2 stone with Skinny Revolution in just 2 short months!” in ads (a), (b) and (c) complied with the Code;
2. ad (b) breached the Code because it promoted a prescription-only medicine; and
3. ad (d) was irresponsible because it exploited people’s insecurities around body image during lockdown.
Response
Skinny Revolution Ltd said that they had removed all social media posts which made reference to the prescription-only medication Saxenda, but did not provide a response to the other points.Assessment
1. Upheld
The CAP Code stated that marketing communications must not contain claims that people can lose precise amounts of weight within a stated period. The Code also required claims that an individual had lost an exact amount of weight must be compatible with good medical and nutritional practice.
For those who were normally overweight, a rate of weight loss greater than 2 lbs (just under 1 kg) a week was unlikely to be compatible with good medical and nutritional practice. Ad (a) featured the claim ““LOSE OVER A FULL STONE IN JUST 2-4 WEEKS”. We considered that would be interpreted by consumers to mean that they could lose over a stone within the stated period of two to four weeks. Further, ads (b) and (c) made claims about amounts of weight that had been lost by individuals. Ad (b) stated “I’ve been on it for a week so far and have lost 7 pounds”. Ad (c) stated “Kerry Katona lost over 2 stone with Skinny Revolution in just 2 short months”. That equated to at least 3.5 pounds per week. We understood that those rates of weight loss were unlikely to be compatible with good medical and nutritional practice. Because ad (a) contained claims that people could lose precise amounts of weight within a stated period, and ads (b) and (c) made claims about the amount of weight lost by an individual that were unlikely to be compatible with good medical and nutritional practice, we concluded that they breached the Code.
On that point, ads (a), (b) and (c) breached CAP Code (Edition 12) rule
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.
and ads (b) and (c) breached CAP Code (Edition 12)
13.10
13.10
Television only – Licensed characters and celebrities popular with children 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.
That prohibition does not apply to advertiser-created equity brand characters (puppets, persons or characters), which may be used by advertisers to sell the products they were designed to sell.
Licensed characters and celebrities popular with children may present factual and relevant generic statements about nutrition, safety, education or similar.
(Weight control and slimming).
2. Upheld
The advertising of prescription-only medicines to the general public was prohibited by the Human Medicines Regulations 2012 (HMR) and that was reflected in CAP Code rule 12.12 12.12 Advertisements for weight-control or slimming products must not suggest or imply that to be underweight is acceptable or desirable. If they are used, testimonials or case histories must not refer to subjects who are or seem to be underweight. Underweight, for the purpose of this rule, means a Body Mass Index below 20. We understood that injectable liraglutide (brand name Saxenda) was a prescription-only medicine. The ad stated “Let me tell you about the Saxenda skinny pen. The best way I can describe it is imagine being on a diet, but hunger and cravings are not a factor. It’s impossible to overeat or binge because you just don’t fancy anything”.
While we welcomed Skinny Revolution’s agreement to remove references to prescription-only medication from their future advertising, because the ad promoted prescription-only medicines to the general public, we concluded that it breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 12.12 12.12 Advertisements for weight-control or slimming products must not suggest or imply that to be underweight is acceptable or desirable. If they are used, testimonials or case histories must not refer to subjects who are or seem to be underweight. Underweight, for the purpose of this rule, means a Body Mass Index below 20. (Medicines, medical devices, health-related products and beauty products).
3. Upheld
The CAP Code required marketers to ensure advertising was prepared with a sense of responsibility to consumers and to society. People, particularly young women, who were already body conscious because of pre-existing societal pressures (regardless of their actual weight or size, and including those who were of a healthy weight) were likely to have had their concerns about putting on weight heightened by changes to their lifestyle during lockdown, such as prolonged periods of staying at home and experiencing disruption to ordinary diet or exercise routines. We considered that the “before” image of a slim Barbie doll and an “after” image of an overweight Barbie doll, together with the claims “Me in Quarantine” and “Don’t let lockdown knock you back”, poked fun at women’s physicality and played on those anxieties.
While we noted that the image was intended to be humorous, in the context of an ad for a weight loss service (particularly one that involved the use of a prescription-only medicine that was only indicated for use in patients who were clinically obese, or overweight with certain co-morbidities), we considered that the ad exploited insecurities around body image.
We concluded that the ad was 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).
Action
The ads must not appear again in their current form. We told Skinny Revolution Ltd not to make claims that people could lose a precise amount of weight within a stated period and to ensure that claims that an individual had lost an exact amount of weight were compatible with good medical and nutritional practice. We also asked them to ensure they did not promote prescription-only medicines to the general public. We further told Skinny Revolution Ltd to ensure the presentation of their ads did not irresponsibly exploit people’s insecurities around body image.
