Upheld

The ASA was concerned by Colossal Direct's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their obligation to respond promptly to our enquiries and told them to do so in future.

We noted from the terms and conditions of the offer that if the unopened trial bottle was not returned within 14 days, participants were charged $89.95 and automatically enrolled in the LeanSlimUltra Weight Loss System Membership, whereby they would continue to receive one bottle and be charged $89.95 on a monthly basis until they cancelled it. We considered these were significant conditions that should have been made clear. We also considered that, while the promotion did not state "free", the text "claim your trial bottle" misleadingly implied that it was. We considered that the promotion was misleading, had not been conducted equitably, nor had it dealt with its participants honourably and concluded that it breached the Code.

The promotion breached CAP Code (Edition 12) rules 1.7 (Unreasonable delay), 3.1 and 3.3 (Misleading advertising), 3.23 (Free), 3.9 and 3.10 (Qualification), 8.2 (Sales promotions) and 8.17 (Significant conditions for promotions).