Ocado has agreed to update the name of its new ‘weight management’ aisle after a nutritionist and regulatory expert said it risked being brought to heel by regulators.
The online supermarket launched the aisle last week, to bring together “a curated range of GLP-1 friendly products, including a 100g extra small steak” and M&S’s new Nutrient Dense range.
It came amid a flurry of announcements of so-called GLP-friendly ranges by major supermarkets targeting users of weight-loss treatments.
Freelance nutritionist and regulatory expert Claire Baseley noted similarities with an identically named ‘weight management’ website category that landed Holland & Barrett in hot water with the Advertising Standards Authority in 2019.
The ASA upheld a complaint that ‘weight management’ was a health claim which needed to be authorised on the EU Register of Nutrition and Health Claims. Two complainants, including a former Trading Standards officer, challenged whether this could be said of each product in Holland & Barrett’s weight management category.
The ASA concluded ‘weight management’ did not amount to an authorised claim in respect of food supplements linked to in subcategories on the page.
Since 2021, health claims must be authorised on the GB nutrition and health claims register rather than then EU register. But precedents set prior to the UK’s Brexit transition period still apply, according to ASA guidance.
Ocado’s weight management aisle, which has yet to be updated, also contains several subcategories and links to food supplements.
“The products within the category would not all comply with the conditions of a specific authorised health claim,” claimed Baseley. “There is even a pot of apple cider vinegar gummies in there.”
An Ocado Retail spokesperson said: “We called the aisle ‘Weight Management’ to capture the broad range of products on offer that can support customers’ weight goals, healthy lifestyle choices, and to meet their nutritional needs – it was launched to help customers with specific dietary habits find what they need easily on our website.
“It was never our intention to be misleading and having taken feedback on board, we will update the name to make sure it is absolutely clear for our customers.”
Tesco, Asda and Holland & Barrett itself also currently have ‘weight management’ pages on their websites with subcategories and links leading to a range of products, though these were not launched as part of recent marketing activity around GLP-1 weight loss treatment. The Grocer approached the retailers for comment.
No comments yet