Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The ASA has upheld several complaints that challenged toning and weight loss claims made about exercise devices. Exercise devices are unlikely to give rise to noticeable weight loss and marketers should not suggest they can replace general exercise without strong evidence. As a general rule of thumb, the physical activity regimen needs to expend 1,500 to 2,000 kcal a week to maintain weight loss.
Exercise devices can be broadly separated into “active” and “passive” categories.
Active devices constitute apparatus designed to help subjects exercise a specific part of their body or exercise in a specific manner (for example, dumbbells or chest expanders). As with general exercise regimes, claims such as “trim”, “tone”, “shape” or “look slimmer” are likely to be acceptable for some types of exercise. The ASA has upheld complaints against marketers for making stronger claims without suitable evidence. For example, complaints have been upheld against marketers of devices that purported to “burn away energy” and replace “the calorie burning and figure tightening benefits of workout in just minutes a day” (Windsor Group, 17 March 2004) and “burn belly fat into a rock hard lean stomach … in just 7 short minutes” (Home Shopping Selections Ltd, 14 September 2005).
Passive devices purport to provide benefits without the user having to exercise consciously. Passive devices will not result in a reduction in weight unless they result in an increase in energy expenditure.
The ASA and CAP have seen extensive evidence for ‘vibration platforms’ that users either stand on or rest parts of their body on. To date, evidence has been provided to show that Whole Body Vibration (WBV) is associated with a small increase in fat free (i.e. lean) mass. Acceptable claims include those to ‘Shape up and/or Stay in Shape’ when used with an exercise programme and calorie restricted diet. Furthermore, assuming a progressive programme is adhered to, evidence suggests that a combination of WBV and conventional training can enhance training outcomes over a quicker period. Advertisers should not, however, claim these results could be achieved in a specific time, such as 15 minutes, as users would need to increase their work out time as they get fitter, if they wish to continue to see results.
Acceptable claims will be dependent on the nature of the equipment and its operating parameters. Marketers wanting to make such claims are advised to contact the Copy Advice team to check that their product is equivalent to the equipment we have reviewed evidence for.
Unacceptable claims for vibrating platforms currently include claims to help achieve sustained, long-term weight loss, reduce total body fat content, improve overall circulation, increase bone density, reduce cellulite, assist with the removal of toxins from the body, offer pain relief, ease aches and pains or boost your skin tone and complexion (TV Network, PowerPulse, 22 August 2007). Another item increasingly appearing in advertising is a type of trainer with a rounded bottom, which claims to help tone muscles as you walk. In December 2010, the ASA upheld complaints for such a trainer which claimed to ‘reetone’ with every step, “get up to 28% more of a workout for your bum” and “up to 11% more for your hamstrings and calves". A single study was submitted but was considered insufficiently robust to substantiate the implied claims that the trainers would produce a noticeable effect on muscle tone or that this would be sustained over time.(Reebok International Ltd, December 2010).
The ASA accepts that electrical stimulation devices, which apply an electrical current to muscles, normally to the face to reduce or remove the signs of ageing or to the abdominal region to stimulate the abdominal muscles, can temporarily tighten and tone muscles and that consequent benefits, such as a reduction in the appearance of fine lines and wrinkles, can be maintained with repeated use. The ASA has upheld complaints against marketers who could not substantiate claims about toning and tightening muscles (Tan ‘N’ Tone, 6 November 2002; Info 4 U Ltd, 4 December 2002; Health & Home Shopping, 23 January 2003; Health and Leisure Magazine, 19 January 2005, and Hogarth Group, 7 December 2005). Advice on the advertising of such products is available from the CAP Help Note on Beauty Treatment Devices Using Electrical Currents.
A third category exists, for which subjects are required to exercise actively but in a controlled environment. The ASA rejected the claims made by a company marketing a machine that required users to cycle in a vacuum, concluding that it had not shown that the purported benefits were more than those that would result from exercise in the absence of the device (Hypoxi UK Ltd, 17 March 2004).
Last modified : 13 January 2012
Last modified : 31 January 2012