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Body Enhancer prosecution: reminder to advertisers

AMENDED MEDIA RELEASE

Wednesday, 8 June 2005

Body Enhancer prosecution draws reminder to advertisers from Advertising Standards Authority.

Following the recent successful prosecution by the Commerce Commission in the High Court for the weight loss product “Body Enhancer”, the Advertising Standards Authority has reminded advertisers about relevant advertising codes of practice. Hilary Souter, Executive Director of the ASA, said “the ASA has two codes of practice that cover weight loss products and services. They are the Code for Advertising of Weight Management and the Code for Therapeutic Products and Services.”

Both of these codes require that advertising meets a high standard of social responsibility for products and services in this area.

“In practical terms this means that advertisers must be able to prove any claims they make about a product, and ensure that wording in the advertisement is not likely to mislead or deceive consumers, nor exploit any lack of knowledge.”

Ms Souter said that only 5 complaints about weight loss products and programmes in the last two years had been received. Two of the complaints resulted in changes to advertising. The Advertising Standards Complaints Board did receive a complaint about an advertisement for Body Enhancer in 1999 and the complaint was upheld by the Board.

Copies of the advertising codes of practice are available on the ASA website, www.asa.co.nz or from the ASA office in Wellington.

The following organisations are members of the ASA:
Association of New Zealand Advertisers, Communication Agencies Association of New Zealand, Letterbox Media Association, Magazine Publishers' Association (Inc), Newspaper Publishers' Association of New Zealand (Inc), New Zealand Cinema Advertising Council, New Zealand Community Newspapers Association, New Zealand Marketing Association (Inc), New Zealand Post, New Zealand Television Broadcasters’ Council, Online Publishers’ Group, Outdoor Advertising Association of New Zealand, Pay TV Group and Radio Broadcasters’ Association (Inc)

ENDS

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