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 and CAP receive many enquiries about marketing communications for slimming or weight control products. They include the conventional (calorie-controlled diets), the helpful (exercise regimes), the purely cosmetic (the girdle) and the ridiculous (slim-while-you-sleep-type pills and weight loss insoles). Because of the number of marcoms in this sector and the potential vulnerability of the audience, the CAP Code contains a specific section on what marketers can and cannot say. This AdviceOnline section summarises the Code’s requirements; we advise marketers to read the associated entries.
The main self-treatment for achieving weight loss is a slimming regime in which the intake of energy (calories) is lower than the output. Any claim made for the effectiveness of a slimming method or product should be backed by rigorous practical trials on people; testimonials that are not supported by trials do not constitute adequate substantiation (Rule 13.1 and CAP Help Note on Substantiation for Health, Beauty and Slimming Claims). Overweight is characterised in adults by a Body Mass Index (BMI) of 25-29 kg/m2 and obesity is characterised by a BMI of 30 kg/m2 or above . A BMI greater than 25 is usually associated with excess fat within the body. Marketers should demonstrate that weight reduction is achieved by loss of body fat before any claims are made for a weight reduction aid or regimen. Weight reduction achieved through loss of water alone does not constitute a treatment for the overweight or for obesity. Combining a diet with an unproven weight reduction method does not justify making claims about that method (Rule 13.4). Referring to short-term loss of girth resulting from a tight-fitting garment is likely to be acceptable as long as marketers do not imply that inch loss is permanent or confuse short-term inch loss with weight loss or fat loss (Rule 13.12).
Marketers who are not suitably qualified should not reference or otherwise target people suffering from obesity because obesity is frequently associated with medical conditions (Rule 13.2). For more guidance about what the ASA is likely to consider a “suitably qualified” practitioner, marketers should see entry on ‘Weight loss: Obesity’.
Marketing communications for slimming aids or weight reduction regimens should neither target nor appeal to consumers under the age of 18 (Rule 13.3). Marketers should not exploit the vulnerable, suggest that it is desirable to be underweight or target those for whom weight reduction is likely to result in a potentially harmful body weight (BMI of less than 18.5 kg/m2).
Both the rate of weight loss and the diet plan offered must be in line with sound nutritional practice. For example, it is unacceptable to advertise that those who are overweight (but not obese) will lose more than 2lbs a week (Rule 13.10 and The New Lifestyle Company Ltd, 17 March 2004) or that a diet based only on, say, cabbage soup is well-balanced. Marketers may, however, offer dietary supplements as a safeguard to adequate intake as long as they do not attribute weight loss to vitamins and minerals (Rule 13.6).
If proven, and in line with good nutritional practice, marketers are likely to be able to claim that certain individuals have lost exact amounts of weight in a given period. (Lifestyle Slimming, 28 May 2003, complaint 2). They should not, however, use individuals who are obese to begin with unless the weight loss is supervised by a doctor or other suitably qualified practitioner and they should not then extrapolate from one individual’s experience to readers generally. It is unacceptable, for example, to state or imply readers will lose exact amounts of weight in a given period (Rules 13.9 and 13.10).
Claims that imply weight loss is certain are unacceptable because the amount of weight loss that can be achieved by individuals depends on many factors and cannot be guaranteed (Rule 13.8 and Foxglove Clinic, 25 February 2004). General conditional claims are, however, likely to be acceptable if supported by substantiation.
Examples:
“You will lose several lbs in just a few weeks!” – unacceptable claim (Rule 13.8);
“Lose 4lbs in just 3 weeks!” – unacceptable claim (Rule 13.9).
Marketers should bear in mind that the Code is applied in the spirit as well as the letter and are encouraged to qualify their conditional claims about potential weight loss with an approximate period based on good evidence. The period should not represent a breach of Rule 13.9 and should prevent any possible implication that weight loss is rapid or easy.
Marketers should not state or imply that dieters cannot fail to lose weight (Rule 13.8) or that weight loss is permanent. They should avoid claims like “weight loss guaranteed”, “easy weight loss”, “you won’t put an ounce back on”, “the yo-yo effect is permanently avoided” and similar (Naturland RB&M Research, 3 September 2004; Equiba Institute, 28 August 2002, and H.B.R.I Institute, 10 March 2004).
See ’Medicinal Claims’, ‘Testimonials’, ’Claims in names’ and other entries under ‘Weight Control’.
Last modified : 14 March 2012