Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website, www.chirokinetictherapy.com, stated "What can CKT [Chirokinetic Therapy] treat? ... The following conditions have been successfully treated using Chirokinetic Therapy". The website listed over 50 conditions which included Addictions, Anaphylaxia [sic], Anorexia, Arthritis, Asthma, Depression, Infertility, ME, Oedema, Palpitations, Rheumatism and Urticaria.
Issue
A complainant challenged whether:
1. the claim that the listed conditions could be treated with Chirokinetic Therapy was misleading and could be substantiated; and
2. whether the ad discouraged essential treatment for conditions which medical supervision should be sought.
Response
1. & 2. The College of Chirokinetics submitted several documents relating to anaphylaxis, which provided the results of individuals relating to various food, environmental and insect sensitivities. The documents showed various immunoglobulin (IgE) tests pre and post CKT, some of which were several years apart. They also submitted several testimonials and a patient consultation which the advertiser said related to the success of CKT.
Assessment
1. Upheld
Results were submitted for individuals' IgE levels, however, not all were tested pre and post allergic reaction and some tests were several years apart. The ASA understood that this test was well-established and supported by scientific literature. However, some results could give false negatives and false positives so we considered that the test should not be interpreted uncritically nor function as a sole diagnostic tool. The tests related to allergy testing not to the treatment of anaphylaxis which we understood should be treated under the supervision of a suitably qualified health professional. No evidence was submitted for the additional conditions listed on the marketer's website.
We considered that, because they were not robust clinical studies, the various patient tests and testimonials were not sufficient to support the claim that CKT could treat anaphylaxis as the result of food, environmental or insect allergies.
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
12.2
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).
2. Upheld
We also considered the additional claims made for the efficacy of CKT, in particular depression, infertility, anorexia, addictions, asthma and arthritis to be conditions that should be treated by a suitable health professional. The website also listed other conditions under the sub-heading "The following conditions have been successfully treated using Chirokinetic Therapy", for example, immune system, hormonal, infections and thyroid. As we did not see evidence of suitable qualifications from the advertiser or those offering CKT, we considered that by listing such conditions, including anaphylaxis, the claims may discourage essential treatment for conditions that should be supervised under a suitably qualified health professional.
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
12.2
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 in its current form. We told the College of Chirokinetics not to make claims for conditions that should be supervised under a suitably qualified health professional or make claims for the efficacy of CKT for conditions that have not been supported by robust clinical evidence.
