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.
As with all marcoms, testimonials should be used only if they are relevant, demonstrably genuine and do not mislead. They are no substitute for evidence. The Weight Control section of the Code specifically refers to testimonials and explicitly states that testimonials that are not supported by trials do not constitute substantiation (Rule 13.1). For example, the claim: “Like me, you could lose several lbs in just a few weeks!” is acceptable provided that marketers hold relevant substantive evidence.
As for other products, testimonials for weight-control products are acceptable if documentary evidence is held to prove they are genuine and if used only with the permission of the individual concerned (Rules 3.45 and 3.48). Marketers must, however, hold scientific evidence that proves the general efficacy of their product.
Even if accurate, testimonials that individuals have lost exact amounts of weight should be compatible with good medical and nutritional practice (LiveLarge Ltd, 7 September 2011; PharmaPost, 7 May 2003; and Francois Leroy Slimming Centre, 21 August 2002), should state the period involved and should be based on representative experiences (Rule 13.10). Marketers should understand the distinction between testimonials, applied in the past tense, and projected claims, regulated by rule 13.9. The acceptable safe weight-loss limit, in line with Department of Health advice, is 2lbs a week (Naturland RB&M Research, 3 September 2003; H.B.R.I. Institute, 10 March 2004, and Equiba Institute, 28 August 2002). For example, the claim: “I lost 8lbs on the recommended diet plan!” is almost certainly unacceptable because the associated time period is unspecified. Similarly, a claim like “I lost 18 kilos in 4 weeks … I never dreamt that losing weight could be so easy. I thought I had tried just about every programme under the sun and then I ended up losing weight without lifting a finger … All I had to do was take some pills” is unacceptable because the claimed weight loss exceeds the amount the ASA and CAP accept as being in line with good nutritional practice (PharmaPost, 7 May 2003) and implies the subject has lost weight without changes in food intake.
Conversely, “I lost 8lbs in six weeks on the recommended diet plan!” is an acceptable claim, provided the general efficacy of the programme has been substantiated and the marketer holds documentary evidence of the testimonial (such as a signed and dated proof) along with the subject’s permission.
If a marketing communication includes photographs showing or implying “before” and “after” comparisons, the marketer should ensure that the photographs are genuine and hold suitable evidence as proof (Windsor Group, 17 March 2004).
See also ’Testimonials and endorsements’ and ‘Before and after photos’.
Last modified : 14 March 2012