A paid-for ad on Instagram for DNAfit, seen on 29 September 2019, featured an animated double helix and captions that stated “We’re DNA. We know all about your body. Fast twitch muscle fibres give you power. Slow give you endurance. And that’s not all we can tell you. Order your kit now at DNAfit.com”. A caption under the animation stated “Unlock the secret to your ideal diet, vitamin need and exercise response”.

Issue

The complainant, who believed DNA testing could not be used to determine an individual’s diet, vitamin and exercise needs, challenged