Weight loss ad slips through the self-regulation system

By DITA DE BONI

An advertisement that attracted the ire of health and consumer authorities this week is one of the first big tests of the self-regulatory system for vetting advertising.

The ad in newspapers, including the Herald, promised a "revolutionary, all-natural method to lose weight and keep it off" with the use of the "Shape Patch." But it bypassed the system that vets "therapeutics" advertising before broadcast or publication.

Advertising of the Shape Patch, in print and online, has ceased, and the product removed from shelves. But the makers say they will submit the ad to the Therapeutic Advertising Pre-vetting system (Taps) - the channel through which almost all medicines ads pass before broadcast or publication.

The company says it is satisfied the advertisement met the requirements.

Yesterday the Advertising Standards Authority said the ad would not run again, and it was investigating how it had slipped through the system.

The ASA's Glen Wiggs said the Newspaper Publishers Association had asked its member papers to pull the ad, but no complaints had been made to the ASA.

"In fact, 50 to 60 ads have been stopped recently so we can say one in 60 gets through, although obviously we would like it better to be one in six million." Both the ASA and authorities want to know how a self-regulatory system such as Taps can hope to vet all ads in the country dealing with therapeutics.

They are also asking how newspapers managed to print an ad that had not received an authorisation number from Taps, the usual sign that an ad for therapeutics has been approved.

The paradoxical Taps "mandatory self-regulatory" system for therapeutic ads was set up last November in an attempt to satisfy a Government eager to fill in regulatory gaps in all advertising codes.

As before, the advertising of all pharmaceuticals, other medicines and anything deemed to be "therapeutic" had to comply with the Medicines Act 1981 and regulations 1984, and the Dietary Supplements regulations 1985.

But although a fairly substantial vetting service was available up to 1999, Taps made it "mandatory" for advertisers - who all agreed - to submit their work to the two Taps adjudicators or "delegated authorities" to ensure the ads did not breach the relevant acts.

Therapeutics ads had to observe a "higher standard of social responsibility than the Advertising Code of Ethics,"according to the Wellington-based ASA.

Taps adjudicator Nigel Andrews says the ad did not get to the system, but that did not mean the system itself was at fault.

"It's early days ... but there are good signs that it will work if everyone has a will to make it work.

"In the past two years, around 550 ads have been vetted and the majority have had some changes made for them to comply - all advertisers and media subscribe to [Taps]," he says.

But all, clearly, do not. Is it then the responsibility of papers to ensure ads have Taps approval? Mr Andrews says the dailies usually do look for the number.

Another source spoken to by the Business Herald says there are ways of slipping ads through newspaper systems, although she says it is a calculated risk for the agencies, especially unaccredited agencies which are usually subject to closer scrutiny.

The Herald's advertising policy adviser, Iain Blackford, said staff along the chain were taught to look for the Taps number and take the utmost care.

"We take our responsibilities very seriously, but unfortunately on occasion ads do slip through the net.

"We do not like to run ads like [the Shape Patch ad] as they can do irreparable damage to the paper's image - procedures and policies are in place to stop these situations."

The Christchurch agency that placed the ad, McAra Advertising, refused to comment on Shape Patch.