
January diets: an injection of madness?
13 Jan 2025
Published in: Member News
Iona Silverman, IP & Media Partner at Freeths LLP
Humans have really cracked evolution. The downside? January requires us to cut back, to compensate for our over-indulgence. But we clever apes have a solution to that too: we have cured our overconsumption by developing drugs that reduce appetite, the so-called “skinny jab”.
Although appropriate for those with a medical need, the skinny jab has the potential to cause harm to many. As we yoyo between the fridge and our weight-loss drugs, our regulators seek to save us from our own madness. The Advertising Standards Authority (ASA) has increased regulation of the advertising of junk food, and of weight-loss drugs. And yet still we seem unable to find an equilibrium. Because if denied the licensed versions of those weight-loss drugs we crave, many will turn to unregulated, unlicensed versions. Which in turn, will result in a higher human mortality rates. We are a mad, mad species.
In December, the ASA issued a warning to businesses targeting members of the public with ads skinny jabs. Weight-loss drugs are medicines which may only be prescribed by a qualified medical professional. However, there are loopholes both in the prescription and the advertising of these products. To prescribe a skinny jab, a medical professional needs to feel comfortable that the weight-loss product may be of potential benefit to a patient. There is no need to see a doctor in person, or indeed more than once. And, although companies are not permitted to advertise prescription-only medicines, they can promote a consultation for prescription-only medicines. The first three hits, after the NHS Obesity Treatment page, for an online search for “weight loss drugs UK” are Lloyds Pharmacy, Asda Online Doctor and Boots Online Doctor, each promoting their free online consultation, after which a consumer can buy the coveted skinny jab.
This, combined with the purchase of Google ad words for specific weight-loss injection brands, in effect means that brands are advertising weight-loss medicines. The ASA has taken note and is now putting advertisers on notice that it will be working with?online platforms to address the use of prescription-only medicine names in ads. Additionally, it will clamp down on influencers offering discount codes or using generic phrases to indirectly promote prescription-only medicines. Finally, the ASA will refer repeat offenders to regulators with greater sanctioning powers.
This is a welcome crack down. However, concerns remain: if punters can’t get their skinny jabs as easily, will they turn to counterfeit versions? This raises obvious safety concerns. Both the authorities and pharmaceutical companies have a duty to up the fight against counterfeits. In the meantime, pharmacies need to take a long hard look at their own advertising practices. Who do they serve best?
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