Who: BetterMe Ltd t/a Better Me and the Advertising Standards Authority (ASA)
Where: United Kingdom
When: 19 June 2024
Law stated as at: 10 July 2024
What happened:
A social media ad for Better Me, which was seen on 16 March 2024, showed a muscular man admiring his chest in a mirror with the caption “*Actor portrayal.” The voice-over said “I look like this, and I didn’t even go to the gym.” The man then mentioned completing Better Me’s 28-day Callisthenic Challenge, calling it one of the best workout plans and encouraging viewers to download the app via the link provided.
The complainant challenged the ad’s potential to mislead and believed that the ad suggested viewers could achieve a similar physique in 28 days using the Better Me 28-day Calisthenic Challenge.
BetterMe Ltd responded by saying that the ad did not claim that the results were solely achievable through their programme or within 28 days and that the challenge was designed as an entry point for new users to integrate regular physical activity into their lives, emphasising the start of a fitness journey rather than specific outcomes, part of a broader offering, including running, yoga, boot camp workouts and diet plans.
Better Me stated that they had used the “actor portrayal” disclaimer to indicate that the individuals in their ads were professional actors and that they ensured the disclaimer was prominently displayed at the start of the ad, similar to other fitness ads they used as evidence.
Better Me stated that their legal and compliance teams reviewed the ad to ensure it met regulatory standards. However, in response to the complaint, they will extend the duration of the “actor portrayal” disclaimer and adjust its font size and style for better visibility. They also said that they will add disclaimers stating that “individual results may vary” and that dietary changes are necessary to achieve results in future ads. These changes aim to set clearer expectations and assure viewers that results will be varied.
The ASA upheld the complaint.
The ASA noted that viewers would believe the man in the advertisement achieved his physique by completing the 28-day challenge without gym equipment.
The ASA stated that achieving a physique like the man in the ad had typically requires a combination of exercises and dietary changes over more than 28 days. They ASA stated that the ad lacked ‘before’ images or details of the man’s fitness prior to starting the Better Me programme, implying he achieved his build solely through the 28-day challenge.
The ASA deemed the ad misleading and exaggerated. The regulator stated that the “actor portrayal” disclaimer was barely visible, appearing briefly in small, white font against a light background, which made it easy to miss. Even if noticed, the claims and visuals suggested the actor had personally completed the challenge, contradicting the disclaimer.
The ad breached the UK Code of Non-Broadcast Advertising and Direct and Promotional Marketing (CAP Code) (edition 12) rules 3.1, 3.3 (misleading advertising), 3.7 (substantiation), 3.9, 3.10 (qualification), and 3.11 (exaggeration).
The ASA told BetterMe Ltd that the ad must not appear again in the form complained of and to ensure that future ads do not misleadingly represent or exaggerate the capabilities of its exercise programme.
Why this matters
This ruling is significant as it emphasises the necessity for companies, particularly in the fitness and health industry, to advertise honestly and clearly. It underscores the importance of not misleading consumers with promises of unattainable results. Additionally, the ruling addresses the issue of disclaimers, highlighting their potential to contribute to misleading advertisements. The decision stresses the importance of providing clear and accurate information to consumers, ensuring that ads do not exaggerate product effectiveness and maintaining transparency about the realistic outcomes of fitness programmes.
