Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A page on a website for complementary and alternative therapies and devices, www.electronichealing.co.uk, was titled "The Bob Beck Protocol" and described a three-stage process which used devices called the "Silver Pulser - Blood Purifier & Ionic Colloidal Silver Generator", the "Magnetic Pulser" and the "Water Ozonator". The website was viewed on 8 February 2012. Text stated, "The Bob Beck Protocol is a natural health, bioelectric protocol designed to help the body heal itself. The Bob Beck Protocol kills or disables, every microbe (virus, bacteria, and fungus) in your body. The average person has about 2 pounds of microbes in their body - the vast majority of which simply suppress the immune system. The Bob Beck Protocol destroys them". An embedded video, titled "Beck Protocol-help healing ... herpes, & more", showed two people discussing the Protocol, and included claims that it could help amplify the immune system, remove the need for flu vaccinations, increase oxygen in the blood, reduce HIV infection levels and help fibromyalgia.
Underneath the video, text stated "In 1990 Dr. Kaali and Dr. Lyman, discovered, that a small electric current could disable viruses from being able to infect cells and multiply, thus rendering them harmless ... What the Bob Beck Protocol does is kill or disable from multiplying, every microbe circulating in your body. When a microbe that is in the bloodstream is killed or disabled, the body will remove it. For many diseases that is all that is required for a cure ... The Bob Beck Protocol creates the conditions for: 1) No microbes in the body, 2) No diseased cells in the body, 3) A supercharged immune system, 4) You have "immortal blood." What is "immortal blood?" It is blood so clean of microbes, and so healthy, that if you put it on a microscope slide it will evaporate without dying".
Issue
The complainant challenged whether:
1. the claims about how the devices worked on the body; and
2. the claim "The Bob Beck Protocol kills or disables, every microbe (virus, bacteria, and fungus) in your body";
were misleading and could be substantiated.
Response
Electronic Healing did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Electronic Healing'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 respond promptly to our enquiries and we told them to do so in future.
1. & 2. Upheld
Because we had not seen any evidence that the devices worked on the body in the way described, or that the devices could kill or disable microbes, viruses, bacteria and fungus in the body, we concluded the claims were misleading.
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) and
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.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Electronic Healing not to make claims for which they did not hold robust substantiation. We referred the matter to CAP's Compliance team.
