The Advertising Standards Authority (ASA) has banned ads from two nutrition companies, Huel and Zoe, due to their failure to disclose commercial relations with Steven Bartlett.
Bartlett, known for his role in Dragon’s Den and as host of the Diary of a CEO podcast, is financially linked with both companies, raising ethical concerns.
The ASA’s Ruling
“Misleading” adverts for Zoe and Huel featuring Steven Bartlett have been banned by the advertising regulator because they did not disclose Bartlett’s financial stakes in these companies. In both cases, the ASA concluded that the ads “omitted material information” about Bartlett’s role.
Bartlett’s Flight Fund owns a stake in Zoe and his Flight Story business is a shareholder in Huel. He has also served as a director of Huel since 2021.
The ASA’s ruling states that the ads “must not appear again in the form complained about” as they breach rules governing non-broadcast advertisements, sales promotions, and direct marketing communications.
Details of the Zoe Advertisement
Zoe is a health testing and membership service that advises users on diet changes. An advertisement from Zoe featured Bartlett, who said, “If you haven’t tried Zoe yet, give it a shot. It might just change your life.”
The ASA noted the ad was styled as a customer review. It was also found that Bartlett’s ads were “reminiscent of an independent testimonial”. This was misleading as his investment in Zoe was not made clear.
Zoe argued that their ad, labelled as sponsored content on Facebook, was compliant with advertising codes. They added that the precise nature of Bartlett’s relationship didn’t need to be disclosed under current regulations.
Huel’s Controversial Ads
Huel faced scrutiny for two ads seen early in 2024. The first ad, featuring an image of Huel’s Daily Greens drink, included text that stated, “This is Huel’s best product” followed by “Steven Bartlett”. The ad mimicked a product endorsement.
The second ad showed a split-screen video featuring Bartlett and an individual looking at their phone, expressing curiosity about Huel’s products. Superimposed text read, “Is Huel actually nice?” followed by Bartlett’s endorsement.
The ASA found these ads, although identifiable as marketing, were misleading as many consumers wouldn’t know that Bartlett had a financial interest in Huel. The ASA said “Bartlett’s directorship was material to consumers’ understanding”.
Regulator’s Perspective
The ASA ruled that both companies had failed to provide the necessary transparency. Consumers had the right to know about Bartlett’s financial stakes. This information is considered crucial for making informed decisions about the products.
The ads’ format led consumers to believe they were seeing genuine testimonials rather than endorsements from someone with financial interests. This breaches regulations aimed at maintaining honesty in advertising.
Zoe’s Response
Zoe maintains that their ad was clearly identified as sponsored material, conforming to existing guidelines. They stated, “We believe the ad was compliant with the Cap Code.”
Zoe respects the ASA’s role in ensuring transparency and has given assurance that the ad will not be used in its complained form again.
Huel’s Previous Issues with ASA
Huel has had a previous encounter with the ASA. In February 2023, an ad was pulled for making “misleading” and “irresponsible” claims about being able to eat healthily for under £50 a month using Huel products.
Another ad in March 2022, featured on Bartlett’s podcast, was also banned. This ad was banned because the commercial intent was not clear upfront.
Conclusion of the Ruling
As a result of this ruling, both Huel and Zoe must ensure future ads comply fully with advertising codes. Honesty and transparency are key to maintaining consumer trust and regulatory compliance.
The ASA’s action against Huel and Zoe underscores the importance of transparency in advertising, especially when financial stakes are involved.
Brands must strive to provide clear and honest information to their consumers, ensuring that all commercial relationships are disclosed to uphold trust.