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.
Obesity in adults is defined by a Body Mass Index (BMI) of more than 30 kg/m2; BMI is calculated by dividing the subject’s weight, expressed in kilograms, by the square of the height, expressed in metres.
Obesity is frequently associated with medical conditions and rules 12.2 and 13.2 state that marketers should not offer specific advice on, diagnosis of or treatment for it unless it is conducted under the supervision of a medical doctor or other suitably qualified health professional.
The ASA or CAP is likely to consider a practitioner as “suitably qualified” if he or she is medically qualified or registered with a statutory or recognised health professional body, provided that registration fulfils certain essential criteria. Professionals, such as pharmacists and practice nurses, might also be considered “suitably qualified” if they form part of a clinical team treating the patient, have access to the patient’s medical details and have delegated responsibility by a GP with whom they are in regular contact. In March 2011, the ASA published its findings into a television ad that offered a Very Low Calorie Diet (VLCD) aimed at obese people (LighterLife UK Ltd, 30 March 2011). During that investigation, the ASA sought expert advice from a number of sources, including the National Institute for Clinical Excellence (NICE), the Royal College of Physicians (RCP), the Royal Pharmaceutical Society of Great Britain (RPSGB) and the Royal College of Nursing (RCN). The ASA concluded that health professionals other than doctors could be considered “suitably qualified” if the level of care was adequate. Because the advertiser’s patients were sometimes seen by weight loss counsellors who were neither medically qualified nor acting under the direct supervision of a GP, the ASA concluded that the VLCD was not administered under adequate supervision. It told the advertiser not to target the obese in future ads.
Marketers should note that the term "dietician" is a protected term and individuals registered with the Health Professionals Council (HPC) as dieticians have nutritional training and specialist clinical skills. It is likely that properly trained dieticians will be considered as “suitably qualified” to treat obesity. "Nutritionist" is not a protected term and individual nutritionists stating or implying they are qualified to treat obesity must provide convincing evidence to that effect, such as full registration with the UK Voluntary Register of Nutritionists where competency for working with individual clients has been shown.
In 2004, the ASA upheld a complaint about a nutritionist with 27 years experience who was offering slimming treatments to consumers with medical conditions. The ad quoted excessive weight loss figures and implied that subjects were obese. After taking expert advice, the ASA considered that nutritionists who wanted to advertise that they supervised weight loss programmes for the obese and were not members of a relevant statutory body should have a relevant university-level degree followed by a suitable period (for example three years) of supervised postgraduate vocational training. Because the nutritionist did not seem to have undertaken a suitable period of supervised postgraduate vocational training and the advertisers did not show that the treatment was supervised by a doctor, the ASA concluded that she was not suitably qualified to treat obesity (Vitaline Weight Control Clinic, 9 June 2004).
Marketers are encouraged to seek copy advice before advertising treatments for serious or prolonged medical conditions.
Marketers should not imply that they can treat obesity or other serious medical conditions by depicting obese subjects or quoting testimonials that refer to excessive weight loss (Tesco Ireland Ltd t/a Tesco Diets, 28 April 2010). See ‘Weight Control: Testimonials’.
Although the ASA and CAP accept that normally overweight people can lose 2lbs a week, obese subjects could possibly lose more weight, especially at the beginning of a diet. Although no marketer has yet convinced the ASA or CAP that it is acceptable to claim a greater rate of weight loss for obese people, it is possible that more than 2lbs a week would be allowable if the rate was demonstrably compatible with sound nutritional advice, especially in the early stages of a longer term weight loss programme (rule 13.10).
Last modified : 09 March 2012