The ASA upheld six complaints that said the advert by Optislim and Lloyds Pharmacy was misleading because it implied that drinking Optislim would “have the same benefit as exercise or could replace exercise in a weight-loss programme”.
The advert features a young woman warming-up is sports clothing apparently prior to exercising, who then prepares herself an Optislim shake. A voiceover states: “Shake fat fast with the Optislim three-second workout. Your complete weight-loss solution. Available exclusively at Lloyds Pharmacy.”
The woman was then shown relaxing on a sofa, while on-screen text qualified the earlier claim with the words: "When used as part of a calorie-controlled diet and healthy lifestyle."
Naming and shaming
The ASA concluded that the advert breached the Committee of Advertising Practice (CAP) code relating to misleading advertising, the implications of specific product benefits, and necessary caveats that need to be included concerning low-calorie foods.
The judgement read: “The phrase ‘Your complete weight loss solution’ and ‘three-second work out’, in conjunction with the image of the woman sitting-down…implied that Optislim would replace exercise as part of a healthy lifestyle.”
The ASA said that the on-screen text was: “insufficient to remove the implication in the voice-over and visuals…that Optislim could replace exercise for those wishing to lose weight.”
An ASA spokesman told NutraIngredients.com: “There is an element of naming and shaming here, but we’re not seeking to penalise the companies in question, just draw attention to the breach.
“The companies now have a choice between withdrawing the advert entirely or altering it to comply with the CAP code.”
Response to complaints
Optislim (a division of Australian parent Opti-Pharm) told the ASA in response to complaints that the advert had been viewed by over 10m UK viewers, and that “relatively few” objections demonstrated that the advert was not misleading.
Both Lloyds Pharmacy and Optislim said that the advert was altered before broadcast after discussions with compliance expert Clearcast, to make it clear that the woman did not have time to visit the gym and therefore opted for the shake instead.
Both companies added that they believed the on-screen text made it clear that the shake was meant to be used as part of a calorie-controlled diet, and was therefore intended as an exercise supplement rather than replacement.
Clearcast spokeswoman Alice Shelley told NutraIngredients.com today: “The clearance process can be an inexact science. Although there are specific black and white rules, there are also grey areas where decisions will be matters of opinion.
"The Optislim case is one such where the ASA took a different view to that taken by Clearcast. It happens only rarely and is regrettable when it happens, but it is something that will always be a possibility, albeit remote."
Optislim shakes are marketed as part of a ‘very low calorie diet’ designed to replace one to three daily meals and provide no more than 3,350kj per day. Optislim claims that the shakes are “nutritionally complete”, with RDAs of protein, vitamins, minerals, trace elements and fatty acids.
At the time of going to press, no-one from Optislim or Lloyds Pharmacy was available to comment on the judgement.