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Sponsored TV programmes on slimming are not covered by

advertising code - CHOICE # 359 (September 15, 2006)

Should Hong Kong review its regulation of misleading TV advertising on medicines

and medical equipments, weight loss, breast enlargement and body lengthening
products?

The question arose in light of a temporary ban on such TV advertising across the
country from August 1 this year.

The ban is targeted at misleading advertisements in which some direct selling

companies exaggerate the results of treatment or the product functions, based on so-
called "scientific findings or proofs" and demonstrations of the before-and-after
contrast to show the "magic transformation".

According to the mainland authorities, these were particularly common in TV

advertisements of breast enlargement and slimming products or treatments.

A Consumer Council survey, in consultation with the Television and Entertainment

Licensing Authority (TELA), has shown that by and large TV advertising of such
categories of products and services included in the mainland ban, is covered generally
by the TV advertising Code under its provisions governing truthful presentation,
factual claims and misleadingness.

The Code stipulates: "No advertisements may contain any descriptions, claims or
illustrations which expressly or by implication depart from truth or mislead about the
product or service advertised or about its suitability for the purpose recommended".

Nonetheless, there are no provisions in the Code that govern specifically medical
equipment, breast enlargement and body lengthening products.

Advertisements of medical preparations and treatments, and of products and services

relating to weight loss programmes or slimming products/treatments are dealt with in
specific provisions in the Code.

The Council survey, however, found a glaring loophole which TV advertisers of

slimming products or services are apparently exploiting to their advantage.

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TV shows sponsored by slimming operators, featuring testimonials by celebrities, and
depicting results of their "successful stories", are not regarded as commercials and as
such are not governed by the TV Advertising Code.

The situation clearly needs to be addressed. Tighter control should be considered to

protect consumers who are unable to discern the potentially misleading nature of such
sponsored TV programmes.

Between January 2005 and July 2006, the Broadcasting Authority (BA) processed 8
complaint cases about TV advertising claims made on medical preparations, health
and slimming products. Two of the cases, a slimming product and a medical
preparation, were subsequently considered justified.

In 2004, the Consumer Council, acting on complaints, conducted a study on a body

lengthening machine which was heavily advertised on TV. The Council found the
claim made by the product that it could help people grow taller, to be misleading,
untrue and without medical proof.

The case was referred to the BA which took the course of action open to them in
accordance with the Code - the two TV stations which broadcast the misleading
advertisement were strongly advised to observe more closely the relevant provisions.

Finally, it should be noted that the BA code applies only to television and radio, but
not the print media, i.e. newspapers and magazines.

Adapted from
http://www.consumer.org.hk/website/ws_en/news/press_releases/p35904.html