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Two issues were investigated, both of which were Upheld.

A website, www.forhims.co.uk, for treatments for hair loss was seen on 10 February 2022. The home page was titled “Prevent hair loss” and stated, “With Hims, hair loss can be optional. We put simple, scientifically proven treatments at your fingertips”. The bottom of the page showed before and after photographs and testimonials from men who had used the advertiser’s products that included the claims “In just a little over two and a half months, I can really see the difference in thickness and in color [sic]”, “No more bald jokes! I look and feel so much younger!” and “I notice a huge change in the overall health and fullness of my hairline".

Another page of the website was headed “Take action today to stop your hair loss”. Text on the page stated, “Clinically proven prescription medication” and “Choose your treatment plan” above images of three options: “No-pill option. Used for receding hairlines and bald spots. Topical Finasteride with Minoxidil”; “Used for overall thinning hair. Finasteride and Minoxidil. Prescription tablet & alcohol-free topical solution”; and “Used for receding hairlines. Finasteride. Prescription tablet taken once daily”. In a section titled “How Hims works” text stated, “Fill out an online consultation and our medical team can prescribe a treatment plan that’s right for you, if appropriate”. It featured more testimonials including, “Trying the science backed topical finasteride and minoxidil solution was the best decision I made for my hair. After the third/fourth month, I started seeing amazing results. My hairline not only stopped receding but it also started coming back. I’m not 9 months in and my har [sic] is almost 100% back to how it used to be”.

A further page of the website included a section titled “Online consultation” that stated, “We connect you to a UK registered prescriber who assesses your case and recommends the best course of treatment”. It listed the three available treatments: Topical Finasteride with Minoxidil, Minoxidil Solution and Finasteride Tablets and their monthly prices and invited readers to click a button to start.

The complainant challenged whether the ad breached the Code because it:

1. advertised prescription-only medicines to the public; and

The ASA was concerned by Hims and Hers Ltd’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule  1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code.  (Unreasonable delay). We reminded them of their responsibility to provide a response to our enquiries and told them to do so in the future.

The CAP Code stated that prescription-only medicines or prescription-only medical treatments must not be advertised to the public.

We understood from the MHRA that finasteride in tablet form was a prescription-only medicine.

The website was visible to the general public and we considered that consumers would understand from the ad that the outcome of a consultation would be one of the treatments as advertised, including the finasteride tablets. For example, the home page of the website showed images of medication in bottles and a man taking a pill, and referred to hair loss medication. It invited readers to fill in an online consultation and stated, “If approved, our medical team will prescribe a treatment plan that’s right for you” and “Simply take a pill or apply some solution to your scalp each day and that’s it. Your hair, sorted”.

Furthermore, we considered the ad gave the impression that consumers could choose which treatment to purchase, including the finasteride tablets which were a prescription-only medicine. For example, text stated, “Choose your treatment plan” alongside an image of a bottle of finasteride tablets and a clickable button labelled “Start for £17/month” was featured alongside another image of a finasteride bottle.We therefore considered the ad promoted a prescription-only medicine to the general public and concluded that it breached the Code.

On that point, the ad breached CAP Code (Edition 12) rule  12.12 12.12 Advertisements for weight-control or slimming products must not suggest or imply that to be underweight is acceptable or desirable. If they are used, testimonials or case histories must not refer to subjects who are or seem to be underweight. Underweight, for the purpose of this rule, means a Body Mass Index below 20.  (Medicines, medical devices, health-related products and beauty products).

The CAP Code stated that medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they were marketed.

We noted that unlicensed medicines had not been tested for efficacy, quality or safety.The advertiser’s failure to respond meant that the ASA was not able to fully assess the products advertised and whether or not they were appropriately licensed. We contacted the MHRA who provided us with further information. They said the topical finasteride with minoxidil and the minoxidil solution advertised were products containing active medicinal ingredients, and they were reasonably certain from the limited information available on the Hims website, that they did not have a UK licence, so likely constituted unlicensed medicines.

The website was visible to the general public and we considered that consumers would understand from the ad that the outcome of a consultation would be one of the treatments advertised, which included the unlicensed medicines. For example, the ad invited readers to fill in an online consultation and stated, “If approved, our medical team will prescribe a treatment plan that’s right for you” and “Simply take a pill or apply some solution to your scalp each day and that’s it. Your hair, sorted”.

We considered the ad gave the impression that consumers could choose their treatment. For example, where it stated, “Choose your treatment plan” and showed three treatments, including topical finasteride with minoxidil and minoxidil solution illustrated by medicine bottles labelled “Topical Finasteride with Minoxidil” and “Minoxidil”. Another page described the products alongside images of medicine bottles labelled with their names and included clickable buttons labelled “Start for £22/month” and “Start for £11/month”.

For those reasons, we considered the ad promoted unlicensed medicines and concluded that it breached the Code.On that point, the ad breached CAP Code (Edition 12) rule  12.11 12.11 Except where stated in  12.11 12.11 Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2. Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.  1 and  12.11 12.11 Medicines must have a licence from the MHRA, VMD or under the auspices of the EMA before they are marketed. Marketing communications for medicines must conform with the licence and the product's summary of product characteristics. For the avoidance of doubt, by conforming with the product's indicated use, a marketing communication would not breach rule 12.2. Marketing communications must not suggest that a product is "special" or "different" because it has been granted a licence by the MHRA, VMD or under the auspices of the EMA.  2, advertisements for weight control or slimming products or services must not be targeted directly at individuals with a Body Mass Index of 30 or above (obesity) or use testimonials or case histories referring to subjects who were or seemed to be obese before using the advertised product.  (Medicines, medical devices, health-related products and beauty products).

The ad must not appear again in their current form. We told Hims and Hers UK Ltd not to advertise prescription-only medicines to the public, or unlicensed medicines at all in future. We referred the matter to CAP’s Compliance team.

1.7     12.11     12.12    

1.7     12.11     12.12    

Complaint Ref: A22-1145016 Hims Hers UK Ltd

The Advertising Standards Authority Ltd. (trading as ASA), registered in England and Wales, Registered Number 0733214   The Advertising Standards Authority (Broadcast) Ltd. (trading as ASAB), registered in England and Wales, Registered Number 5130991   The Committee of Advertising Practice Ltd. (CAP), registered in England and Wales, Registered Number 8310744   The Broadcast Committee of Advertising Practice Ltd. (BCAP), registered in England and Wales, Registered Number 5126412   All companies listed are registered at: Castle House, 37-45 Paul Street, London, EC2A 4LS [view on map] Tel: 020 7492 2222

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