Posted 25 February 2011
A consumer complaint was laid against Aminoliq’s advertising (weight-loss) on its website www.prohealth.co.za, which states, inter alia, the following: “Aminoliq contains the specialised ingredients, Choline and Inositol. Together they are effective in metabolising fat. Inositol is also an active factor of the B-Complex vitamins. Amino acids are included in this formula to improve muscle definition, i.e. body shape. Aminoliq promotes the utilization of fats & carbohydrates in the body. The net result is that excess fat is more readily burned resulting in a leaner & more defined body. Amino acids are utilised to rebuild muscle & body tissue. Vitamin B complex aids in the digestive process. Vitamin C aids in the formation of collagen and inter cellular material”. The complainant added that the radio commercial heard on 5FM contains similar claims with regard to the ability to burn fat. The complainant submitted that these claims require substantiation as set out in Clause 4.1 of Section II, as read with Clause 4.25 of Section I.
Following, the ASA ruling.
| Aminoliq / HA Steinman / 16595 | |
| Ruling of the : ASA Directorate | |
| In the matter between: | |
| Dr Harris Steinman | Complainant(s)/Appellant(s) |
| Sport Health and Fitness Technologies (Pty) Ltd | Respondent |
24 Feb 2011
http://www.asasa.org.za/ResultDetail.aspx?Ruling=5468
Dr Steinman lodged a consumer complaint against the respondent’s advertising on its website www.prohealth.co.za, which states, inter alia, the following:
“Aminoliq contains the specialised ingredients, Choline and Inositol. Together they are effective in metabolising fat. Inositol is also an active factor of the B-Complex vitamins. Amino acids are included in this formula to improve muscle definition, i.e. body shape.
Aminoliq promotes the utilization of fats & carbohydrates in the body. The net result is that excess fat is more readily burned resulting in a leaner & more defined body. Amino acids are utilised to rebuild muscle & body tissue.
Vitamin B complex aids in the digestive process.
Vitamin C aids in the formation of collagen and inter cellular material”.
The complainant added that the radio commercial heard on 5fm contains similar claims with regard to the ability to burn fat.
COMPLAINTS
The complainant submitted that these claims require substantiation as set out in Clause 4.1 of Section II, as read with Clause 4.25 of Section I.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clauses of the Code were taken into consideration:
• Section I, Clause 4.25 – Definitions (Scientific substantiation)
• Section II, Clause 4.1 – Substantiation
RESPONSE
After lengthy discussions detailing the history of this product, as well as conversations had with the complainant and experts in this particular industry, the respondent confirmed that it would rework all its marketing material and packaging. The radio commercial has already been withdrawn, and it is in the process of revising and approving new artwork for, inter alia, its packaging.
It added that it would not be able to comply with the three month deadline prescribed in Clause 15.3.7 for packaging withdrawal. Similarly, it had concerns over the ability to comply with Clause 15.3.6 dealing with pamphlets, posters and leaflets. It estimated that all material will be amended and inserted into the market by 1 June 2011. As a result, it asked for an indulgence from the Directorate so that the deadlines prescribed can be extended in its case.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.
The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, that undertaking is accepted without considering the merits of the matter.
The respondent confirmed that it would amend its advertising as a result of this complaint. This would arguably address the concerns raised by the complainant adequately. It added, however, that it would not be able to comply with the prescribed deadline in the Code in relation to packaging, as it will only be able to insert its new packaging into trade by 1 June 2010.
The Directorate notes that, if it were to impose the prescribed three month deadline on the respondent, the packaging would have to be withdrawn by no later than three months from the date of this ruling, i.e. roughly on 24 May 2011. It therefore appears that there is no prejudice to either party if the Directorate were to allow the respondent until 1 June 2011 (an additional week) to ensure compliance insofar as its packaging is concerned.
The Directorate therefore, at its discretion, affords the respondent until 1 June 2011 to effect the relevant changes to its packaging so as to remove any claims similar to those objected to by the complainant.
The respondent also expressed uncertainty as to whether it would be able to comply with the deadline stipulated in Clause 15.3.6 of the Procedural Guide. This clause deals with “Pamphlets, posters and leaflets”, and stipulates that the ASA should determine the appropriate deadline.
Despite raising this as a concern, the respondent has not provided any indication as to the extent of its use of such material. In addition, it provided no clarity as to why it would not be able to have any relevant pamphlets, leaflets or posters removed with relative ease.
It is trite that an instruction to withdraw cannot be waived or extended simply because it is an inconvenience to the advertiser, and in the absence of any information on this, the Directorate sees no reason why the respondent could not immediately issue an instruction to all parties that display such materials to remove them with immediate effect.
Under the circumstances, the Directorate believes that a two week deadline (similar to that prescribed for regular outdoor material) is adequate here.
Accordingly, the respondent is instructed to immediately effect the withdrawal of such material from wherever they may appear, and to ensure that this withdrawal is completed by no later than two weeks from the date of this ruling.
In relation to any media not specifically addressed above, the Directorate notes that the deadlines specified in Clause 15.3 of the Procedural Guide apply, and the respondent is instructed to withdraw the relevant claims from all advertising within these specified deadlines.
The respondent’s undertaking is therefore accepted on the terms specified above.
The respondent’s attention is drawn to the provisions of Clause 15.5 of the Procedural Guide, which requires problematic advertising or claims to be removed from all media in which they appear, irrespective of whether or not the complainant took issue with such media.
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Product works very well, u also need to train hard and eat well. Sitting on your ass and taking this poor duct ain’t gonna do it. Aminolq supporter from Australia
The point of any product for weight-loss, it should be able to benefit the user above and beyond including a diet, else one can sell sea-sand, and claim it only works very well, but you also need to train hard and eat well. In fact, that is the modus operandi of most weight-loss products.
There is no proof that either the ingredients, or the combination, results in effective weight loss.
Aminoliq extreme boasts advanced apetite control, without the jittery feeling. I train hard for many years, and as a result i eat all the time. Not when i take aminoliq, i eat twice a day now, and only half my normal portions. Simply an excellent product
@Yolanda
There is a difference between claims, belief and proper evidence. But if it works for you, great.