Posted 30 May 2013
This is an interesting ruling and shows how perception can influence an ASA ruling. I first complained about Ultima Fat Away many years ago, which resulted in an arbitration which found in my favour.
Two years later, I realised that the name of a product could also be regarded as also misleading and I started laying complaints against this aspect as well.
Following a breach ruling in Ultima Fat Away, I realised that I had never laid a complaint against the name of the product which is clearly misleading for it claims being effective, when it is not, and therefore I subsequently did. Because of the timing of my complaint, the argument could be made that it appeared to be vexatious. Thankfully the ASA did conclude “. . . most certainly does not afford the respondent a “free ticket” to carry on using terminology that implies … Read the rest