Posted 22 March 2012
Slimmintz placed an advert in the Rooi Rose claiming that the product will result in weight-loss. Unlikely. When confronted with a request for proof, the “respondent disputed the veracity of the complaint, but added that it sees no purpose in defending the complaint.” Yep.
” The respondent submitted that there is advertising that had already been booked prior to the objection which cannot be amended, however that all further advertising will not include the offending claims.”
In other words, “we cannot prove that this product works, but we will continue making this claim in advertising already booked, and then continue selling the product but just change our claims a little”.
This is the nonsense sprouted on their website:
“SlimMintZ contains natural ingredients which assist with weight loss by:
1. Increasing your adrenaline levels which promotes an increase in your metabolism.
Therefore helps burn fat without muscle loss.
2. Cuts the craving and hunger pains by stabalising (sic) the Insulin levels which causes that “Starving” feeling.
3. Contains Taurine and Caffeine which promotes energy without giving you the shakes which some people get from some energy drinks.”
And don’t be surprised, Dischem (“pharmacists that care”) are selling this probable scam.
|Slimmintz / HA Steinman / 19446|
Ruling of the : ASA Directorate
In the matter between:
Dr Harris Steinman Complainant(s)/Appellant(s)
Emerald Panther Technologies (Pty) Ltd Respondent
22 Mar 2012
Dr Harris Steinman lodged a consumer complaint against a SlimMintz print advertisement which appeared in the Rooi Rose February 2012 edition.
The advertising shows a bikini-clad model and states, inter alia, as follows:
“Slim Mintz is die nuutste en gerieflikste manier om jou te help met gewigsverlies” [Slim Mintz is the latest and most convenient manner to assist with your weight loss],
“SlimMintZ is spesifiek geformuleer uit ‘n kombinasie van natuurlike aanvullings wat, waneer dit bymekaar gevoeg word, ‘n toename in beide geestelike en fisiese energie veroorsaak” [SlimMintz is specifically formulated from a combination of natural supplements that, when combined, results in an increase in both spiritual and physical energy],
An image of the packaging is shown, with the words “THE FRESH WAY TO A SLIMMER YOU”.
In essence, the complainant submitted that there is no proof that this product will result in the claims being expressed in the advertising.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint, Clause 4.1 of Section II (Substantiation) was considered relevant.
The respondent disputed the veracity of the complaint, but added that it sees no purpose in defending the complaint. Accordingly, all offending portions of the advertising will be withdrawn from further advertising that falls under the jurisdiction of the ASA.
ASA DIRECTORATE RULING
The ASA Directorate considered all 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, the undertaking is accepted without considering the merits of the matter.
The respondent submitted that there is advertising that had already been booked prior to the objection which cannot be amended, however that all further advertising will not include the offending claims.
As this appears to adequately address the complainant’s concerns, there is no need for the Directorate to consider the merits of the matter at this time.
The undertaking is therefore accepted on condition that the advertising as well as all relevant claims is withdrawn in its current format within the deadlines stipulated in Clause 15.3 of the Procedural Guide, and is not used again in future.
The respondent’s attention is specifically drawn to Clause 15.5 of the Procedural guide which effectively requires compliance in ALL media, irrespective of whether or not the complainant specifically objected to such media. This means that the respondent’s print and broadcast media, as well as its packaging and any other forms of advertising needs to be amended appropriately and in accordance with its undertaking.