Misleading Slimming Mailing
When Mrs A received a newspaper cutting about Berry Trim Plus – a weight loss programme - through the post, she was both deeply offended and upset. It was the hand written message on the front saying ‘Try it. It works’ that did it. Guessing that the sender was her ex husband, she blamed him.
It was weeks later that she discovered this was not anonymous private correspondence, despite the hand written message and individually addressed envelope. Instead, it was a commercial communication – direct mail advertising - from Health Laboratories of North America and Mrs A, like thousands of others, had been targeted at random.
Disguise
Mrs A was one of hundreds of people who were so infuriated and disturbed by this advertising campaign that they contacted the ASA. Perhaps not surprisingly, it became the most complained about advertisement of 2001, with 211 formal complaints received. Many, like Mrs A, disliked the fact that the advertisement was disguised as a personal recommendation. Others felt the advertisements promised unrealistic weight loss, played on insecurities and targeted people with no apparent need for a weight loss programme.
Recognising that advertisements for slimming products can touch an area of consumer vulnerability, ASA keeps a close watch on them. Indeed, it is ASA’s responsibility to respond to consumer complaints and it looked to the British Codes of Advertising and Sales Promotion to see which of the Code provisions could potentially have been breached.
Evidence
It became clear that a formal investigation needed to take place, and, as set down in the complaints procedure, the advertisers, the US company Health Laboratories of North America, were asked to respond to the complaints and to provide evidence for the disputed claims.
The advertisers did not reply to the ASA - a serious breach of the Codes in itself - and this resulted in an automatic conclusion to the investigation. The complaints were upheld.
Action
The role of the ASA did not end there. Both the advertisers and the fulfilment house were based in countries other than the UK, which meant that the usual sanctions could not be applied and it was necessary for ASA to work alongside other agencies. The Dutch equivalent of the ASA was contacted in order that pressure could be applied in Holland from where the goods advertised were distributed. Likewise, the US Federal Trade Commission was contacted regarding the outcome of the investigation and urged by the UK Office of Fair Trading to stop the campaign.
ASA felt it was important that consumers in the UK were fully aware of the problems with this advertising campaign and wished to prevent any further distress to unsuspecting consumers. A full adjudication was published on the website(click here to read the adjudication) together with high profile media coverage that included discussion on GMTV with Lorraine Kelly. Advice given to consumers who had received this direct mailing was simple – throw it in the bin.
Related Codes:
- 2.6 Any unreasonable delay in responding to the ASA's enquiries may be considered a breach of the Code.
- 3.1
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation.
Relevant evidence should be sent without delay if requested by the ASA or CAP. The adequacy of evidence will be judged on whether it supports both the detailed claims and the overall impression created by the marketing communication. The full name and geographical business address of marketers should be provided without delay if requested by the ASA or CAP.
- 5.1 Marketing communications should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability. Compliance with the Code will be judged on the context, medium, audience, product and prevailing standards of decency.
- 6.1 Marketers should not exploit the credulity, lack of knowledge or inexperience of consumers.
- 7.1 No marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise.
- 23.1 Advertisement features, announcements or promotions, sometimes referred to as "advertorials", that are disseminated in exchange for a payment or other reciprocal arrangement should comply with the Code if their content is controlled by the marketers rather than the publishers.
- 51.1 A weight reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claims made for the effectiveness or action of a weight reduction method or product should be backed if appropriate by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.
- 51.3 Marketing communications for any weight reduction regime or establishment should neither be directed at, nor contain anything that will appeal particularly to, people who are under 18 or those in whom weight reduction would produce a potentially harmful body weight (BMI of less than 18.5 kg/m2). Marketing communications should not suggest that it is desirable to be underweight.
- 51.10 Claims that individuals have lost exact amounts of weight should be compatible with good medical and nutritional practice, should state the period involved and should not be based on unrepresentative experiences. For those who are normally overweight, a rate of weight loss greater than 2 lbs (just under 1 kg) per week is unlikely to be compatible with good medical and nutritional practice. For those who are obese, a rate of weight loss greater than 2 lbs per week in the early stages of dieting may be compatible with good medical and nutritional practice.