Slim claims, strict rules: ASA on responsible body image in advertising

Introduction

As the new year begins, advertisers often lean into the “new you” narrative; however, recent rulings from the ASA serve as a timely reminder that compliance must come first. From prohibitions on promoting prescription-only medicines (POMs) to a rise in ads featuring models portrayed as “unhealthily thin”, the ASA is making it clear that they will not tolerate marketing that risks consumer health.

 

The restrictions on restriction – advertising weight-loss injections

In December, the ASA published multiple rulings related to weight-loss medicines, many of which were for Prescription Only Medicines (POMs). With the use of weight-loss-related drugs becoming more widespread, it is unsurprising that the ASA has begun to act on related advertisements.

Per CAP Code Rule 12.12, businesses cannot directly market or advertise POMs to consumers. The Medicines & Healthcare products Regulatory Agency (MHRA) has confirmed that all weight-loss injections are legally classified as POMs. However, other products that are not POMs are increasingly being labelled as non-injectable weight-loss medications and advertised. There are other considerations to be had when advertising such products, and advertisers must take caution.

One of the ASA’s rulings centred on an advertisement that depicted an individual using a weight-loss medication and then effortlessly rejecting high-fat, high-sugar foods, instead opting for low-calorie foods. The ad appeared to show that by taking the medication, individuals could resist the temptation of unhealthy foods, as if the medication could suppress appetite or cravings. However, this medication had only been authorised to function by reducing the absorption of dietary fat. Consequently, the ASA concluded that the ad suggested effects beyond the medicine’s authorised indication and mechanism. As such, the ad was banned.

Another ruling considered a weight-loss product advertised with a mother saying, “I wish I knew sooner that I could lose post-baby weight”. The ASA upheld the complaint, finding that ads suggesting new mothers should prioritise losing weight soon after the birth of a child played on their insecurities and perpetuated pressure to conform to body image stereotypes. The ad was deemed irresponsible, as the CAP Code states that ads must not suggest that happiness or wellbeing depends on conforming to a particular body shape or physical appearance, or include harmful gender stereotypes.

 

The Weight of Representation: promoting an unhealthy body image

The ASA has published guidance on the topic of body image and emphasised that marketing communications should ensure they do not portray particular body types (a) in an irresponsible manner, (b) as aspirational, (c) in a way that exploits people’s insecurities about their body image, or (d) suggests that happiness depends on conforming to a particular appearance.

The ASA has underlined its commitment to the portrayal of models in fashion advertising, particularly depictions of unhealthily thin models, through recent rulings. In these rulings, the ASA has not solely assessed the ‘thinness’ of the models pictured in the ads, but also the subtle cues used to accentuate the slenderness of the model. In rulings against various high-street retailers, the ASA noted the poses, styling choices, lighting, and camera angles that were used to make the models appear noticeably slimmer. For instance, commenting that “the collar of the shirt highlighted the model’s protruding collarbone” and “the slicked-back bun hairstyle made her head appear slightly gaunt”. As such, while the model’s size will have some impact, a key consideration for brands lies with their styling choices, poses, lighting, and camera angle.

 

Conclusion

The prohibition on promoting Prescription Only Medicines (POMs) under CAP Code Rule 12.12 remains absolute, and advertisers must avoid any language, imagery, or hashtags that could indirectly market such products. Similarly, ads must not misrepresent the authorised effects of medicines or exploit vulnerable groups, such as new mothers, by perpetuating harmful body image stereotypes.

In addition, the ASA’s scrutiny of subtle cues that accentuate thinness reinforces its commitment to tackling irresponsible portrayals of body image. Poses, styling, and camera angles that glamorise unhealthy body types risk breaching the Code and damaging consumer wellbeing.

Brands that risk the dubious techniques mentioned throughout the article will likely invite not only regulatory pressure but also erode trust with consumers.