Ad description
Claims on a website, viewed on 13 April 2011, for a book entitled “How to reverse Diabetes”. The ad was headed "The Diabetes-Reversing BreakthroughTM Don't Even Think About Taking More Diabetes Drugs Until You Read This!!". Further text stated "Unconditionally Guaranteed to Normalize Your Blood Sugar Levels and Reverse The Root Cause of Diabetes! ... Hear from the world's top doctors and Nobel Prize winners and learn how to lower your blood sugar naturally and eliminate your diabetes drugs and insulin shots!".
Issue
The complainant challenged whether:
1. the implied claims that the book revealed a cure for diabetes could be substantiated;
2. the claims were irresponsible and exploited the vulnerable; and
3. the ad could discourage essential treatment for a condition for which medical supervision should be sought.
Response
1., 2. & 3. Vital Life Education (Vital Life) said that they intended to inform people of an alternative treatment for diabetes without discouraging traditional medical treatment. They explained that the book was a collection of useful, reliable and verifiable information. They provided the ASA with references to the results of studies, upon which they said the book was based. However, they did not provide the full scientific reports.
Vital Life provided excerpts from several of the references upon which the claims were based. The excerpts included commentary on the diabetes reversing procedure and commentary on the results of the studies the authors had undertaken.
Assessment
1. Upheld
The ASA considered that the claims made in the ad, particularly the references to reversing diabetes and eliminating the need for drugs, implied that the book included a cure for diabetes. We acknowledged that Vital Life had provided references to the outcomes of studies, upon which they said the claims were based. However, we were concerned that they had not provided the ASA with the specific scientific reports, nor had they provided an explanation of the relevance of the references to the complaint.
Since we had not seen robust documentary evidence to substantiate the claims that the book revealed a cure to diabetes, we concluded that the ad was misleading.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
and
12.6
12.6
Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.
(Medicines, medical devices, health-related products and beauty products)
2. Upheld
We considered that the implication that the book revealed a cure for diabetes was irresponsible and exploited the vulnerable, especially those who were suffering most severely with diabetes. We concluded that the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rule 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Compliance) and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising)
3. Upheld
We were concerned that the ad implied that the book revealed a cure for a serious medical condition, namely diabetes, and concluded that, in doing so, the ad could discourage readers from seeking essential medical treatment, which was prohibited under the Code.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising) and
12.2
12.2
Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered (see rule
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
).
Health professionals will be deemed suitably qualified only if they can provide suitable credentials, for example, evidence of: relevant professional expertise or qualifications; systems for regular review of members' skills and competencies and suitable professional indemnity insurance covering all services provided; accreditation by a professional or regulatory body that has systems for dealing with complaints and taking disciplinary action and has registration based on minimum standards for training and qualifications.
(Medicines, medical devices, health-related products and beauty products)
Action
The ad must not appear again in its current form. We told Vital Life to ensure that they held robust substantiation to support all health claims in future. We also told Vital Life to ensure that future ads did not exploit the vulnerable and did not discourage essential treatment for a condition for which medical supervision should be sought.
