Thursday 4 March 2010

*Phentraform UK Ltd - yet another miracle diet pill


Some adverts are so small that they almost escape the notice.


Almost.

(Image credit - captions are mine)

The accompanying website is usually a dead giveaway, though, as in the case of these miracle diet pills, tastefully promoted on the site by "Danielle, 23". (Ding, dong!)

Yet another ASA complaint follows. Those guys must really hate me by now.

UPDATE, 27 Mar: ASA reply "...we have now received a response from Quickslimmers. They have agreed to remove the ad and the claim relating weight loss and the efficacy of the pills they sell."

UPDATE, 31 Mar: An identical advert appears again in this week's Luton News, and also in the Herald and Post! The ASA have been notified (see below)...

UPDATE, 7 Apr: Phentraform UK make a guest star appearance on today's ASA list of informally resolved cases

"I write to complain about an advert published in the Luton Herald and Post on Thursday, March 4th, 2010.

The advert, for Phentraform UK Ltd, is entitled "Lose up to 12lbs in 2 weeks with Quickslimmers".

I have submitted a scan of the advert. I can provide an original copy of the advert by post, if required.

I suspect that the advert is in breach of two sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.

1. The Herald and Post is a free newspaper distributed weekly in Luton, in South Bedfordshire.

2. The Thursday, March 4th, 2010 issue (page 53) carried an advert entitled "Lose up to 12lbs in 2 weeks with Quickslimmers". The advert promoted "Quickslimmers", a "natural" diet pill.

3. The CAP Code, Section 3.1, states "Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation."

4. The CAP Code, Section 50.1, states "Medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people..."

4. I challenge whether Phentraform UK Ltd hold documentary evidence to prove any of the following claims, and I challenge whether the claims are backed by evidence, where appropriate consisting of trials conducted on people:

(i) Dieters can lose up to 12lbs in 2 weeks with Quickslimmers;
(ii) Quickslimmers are a "natural" diet pill.

5. I confirm that I have no connections with the advertiser, the Herald and Post, or with the publishing industry in general. I confirm that I am not involved in legal proceedings with the advertiser or the Herald and Post.

6. I confirm that I am happy to be identified as the complainant."

This is the second complaint, which I submitted on 31st March.

"I write to complain about an advert published in the "Luton News" newspaper on 31st March, 2010 (p89).

The advert, for Phentraform UK, is entitled "Lose up to 12lbs in 2 weeks with Quickslimmers".

The advert is, in fact, identical to an advert about which I submitted a complaint on 4th March. I received written responses from you on 24th March (quote A10-120296/HF/ts) and 25th March (A10-120296).

In the latter, you wrote "...we have now received a response from Quickslimmers. They have agreed to remove the ad and the claims relating to weight loss and the efficacy of the pills they sell."

It appears that the advertiser has not abided by this agreement.

I enclose a scan of the advert from today's Luton News."

This is the third complaint, which I submitted on 6th April.

"I write to complain about an advert published in the Luton 'Herald and Post' newspaper on 1st April, 2010 (p63).

The advert, for Phentraform UK, is entitled "Lose up to 12lbs in 2 weeks with Quickslimmers".

The advert is, in fact, identical to an advert about which I submitted a complaint on 4th March. I received written responses from you on 24th March (quote A10-120296/HF/ts) and 25th March (A10-120296).

In the latter, you wrote "...we have now received a response from Quickslimmers. They have agreed to remove the ad and the claims relating to weight loss and the efficacy of the pills they sell."

I submitted a further complaint on 31st March about another identical advert which appeared in the 'Luton News' that day.

It appears that the advertiser has not abided by their agreement.

I enclose a scan of the advert from the 'Herald and Post'."

5 comments:

  1. Danielle Davies5 April 2010 at 15:09

    In response to the above comments i would like to inform you that i will be seeking legal advice due to the use of my picture from the Phentraform UK website in conjunction with the above information. The details you have listed are incorrect and defamation of my character as you have linked this photo with your own degrading comments insinuating that i have not lost the weight using these products. I can confirm that my weight loss was due to the tablets purchased from Phentraform UK and would be more than happy to provide you or any other person who has viewed the website to prove that i have lost a considerable amount of weight due to these products. I have discussed this incident with Phentraform UK and they have assured me that they are working in liason with the ASA and the Luton Herald were instructed to remove this advert which should not have gone to press week commencing 29 March 2010.

    I look forward to receiving any more comments regarding your input on this issue but would rather they did not contain deragotory comments in relation to my appearance i.e. DING DONG!!!

    I would like to receive a formal apology on your website and all information pertaining to myself should be removed from the website or you will be hearing from my legal representatives.

    ReplyDelete
  2. Danielle,

    Thanks for dropping by. I can reassure you that I am thoroughly conversant with intellectual property law.

    I do apologise for having spelled your name incorrectly.

    If you would care to clarify which part of the following text is factually inaccurate, I will be glad to make further corrections.

    "Some adverts are so small that they almost escape the notice...

    Almost.

    The accompanying website is usually a dead giveaway, though, as in the case of these miracle diet pills, tastefully promoted on the site by 'Danielle, 23'. (Ding, dong!)"

    ReplyDelete
  3. You have clearly not read my post, I suggest you read it again!! My complaint is that you are calling me a liar and have put my face to that so called lie.

    ReplyDelete
  4. Danielle,

    I assure you that I studied your post most carefully.

    Once again. Which part of the text do you think is factually inaccurate?

    ReplyDelete
  5. I started taking Ionamin the thrid week of January/05, today it is February 20/05 and to date I have lost 31 lbs. I have another 49 lbs I want to shed so I'm hoping that the effect won't wear off...to me this is a wonder drug, I must say though I work my butt off at the gym so I wear alot of it off by lunch time. I find that in the afternoon I'm not as full of energy and I do feel hungry...but seeing the results I have...common sense comes into play and I don't want to take two steps back...so I continue to eat healthy and stay active for the rest of the day!!

    ReplyDelete

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