Regulators issue a joint enforcement notice on promotion of weight loss drugs

In recent years, weight loss drugs have become increasingly well known and widely used. While these show promise in helping with weight reduction and related conditions, they are not without controversy, and have been linked to a range of side effects. Regulators are concerned to ensure that they are subject to appropriate controls and advertised responsibly.

Following concerns about advertising for this class of products, an enforcement notice has been issued as a warning against online advertising for named weight-loss prescription-only medicines (POMs). Unusually, the notice was jointly issued by three UK regulators: the Committee of Advertising Practice (CAP), the Medicines and Healthcare products Regulatory Agency (MHRA), and the General Pharmaceutical Council (GPC). This comes after an ASA warning in December 2024 to individuals and businesses illegally promoting prescription-only medicines (POMs) in this category to the public.

AI monitoring system

The ASA’s announcement confirms that the enforcement notice is a result of proactive monitoring. The ASA has been using an AI-powered "Active Ad Monitoring system" for efficient detection of online advertising which may not be compliant (other examples are discussed here). This means that adverts can be brought to the attention of the ASA regardless of whether any complaints have been received. A data review undertaken in January flagged up around 1,800 paid-for weight loss adverts from December and January, including around a quarter with a named medication. This data has been used to shape enforcement strategy.

Enforcement

The recent enforcement notice emphasises that weight-loss POMs must not be advertised online, including on social media and by influencers. Any such adverts would be in breach of advertising rules (including CAP Code rule 12.2) and the Human Medicines Regulations 2012, and should immediately be taken down. 

Given the general rule against advertising POMs, promotions which directly mention a POM are highly likely to be in breach. Examples of weight loss POMs that have been spotted in advertising include several well-known brands. However, the enforcement notice also warns against indirect advertising of POMs, and this can occur even if a POM is not named. Advertisers are advised to review advertising and ensure that it does not indirectly promote a POM.

The notice covers a range of media types. It specifically references content on social media, sponsored searches on search engines, affiliate advertising and influencer marketing.

Advertising medicines

As  well as the prohibition on advertising POMs to the public, it is also prohibited, under rule 12.18 of the CAP Code, to use a health professional or celebrity to promote medicines. Advice from the CAP Executive clarifies that ‘before and after’ photographs are likely to be seen as an advertising claim, so advertisers must avoid publishing these photographs in relation to POMs.

It is, however, possible to advertise consultations on an area of treatment, including consultations for weight-loss.

Ongoing investigations

The ASA currently has 12 ongoing investigations into adverts which are potentially promoting weight-loss POMs. These are all online adverts. The investigations include issues around influencer marketing and online paid adverts, so the outcomes of these investigations in due course should provide insights for businesses.

Sanctions for non-compliance with the rules may include taking down content or removing social media accounts. If necessary, the MHRA and GPhC could also take enforcement action. 

Key takeaways

• The advertising of weight loss medicines is a topical issue and the ASA continues to actively monitor and clamp down on adverts that do not comply with the rules.
• Businesses should take particular care where they are advertising medicines online or working with social media influencers who are generally understood to be “celebrities” for the purposes of compliance.
• This joint enforcement notice is a sign that the ASA will continue to work closely together with other regulators to take appropriate enforcement action.
• On a more general note, advertisers should be aware that the ASA is taking a proactive approach to collecting and monitoring advertising data on a large scale.
• Businesses should ensure advertising content is compliant when published, given that AI software can very quickly detect non-compliant advertising.

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