Ad description
The website www.chiropracticlifehove.com featured the biography of Helen Martin which stated, "I was pain free and considered myself to be active and healthy when I had my first Chiropractic adjustments. Because of this I didn't notice any real difference in pain levels or range of movement and yet subtle changes were taking place! I stopped getting hay fever - which had plagued me as a child and consequently removed the need for prescription strength anti-histamines. I became less allergic to strong smells and cats and started to become uncomfortable sleeping on my front which is the very worst sleeping position for the spine! It was obvious to me that these changes were due to the adjustments I was receiving and that pressure was being taken off my nervous system to enable it to function better."
Issue
The complainant challenged whether the ad implied that Chiropractic could treat hay fever was misleading and could be substantiated.
Response
Chiropractic Life acknowledged receipt of the complaint, but did not provide a substantive response.
Assessment
Upheld
The ASA noted that the ad included the text "when I had my first Chiropractic adjustments … I stopped getting hay fever - which had plagued me as a child … It was obvious to me that these changes were due to the [Chiropractic] adjustments" and we considered consumers would therefore consider that Chiropractic treatment could alleviate hay fever. However, we did not receive any evidence in the form of clinical trials to substantiate that claim. Because we had not seen adequate evidence that Chiropractic was an effective treatment for hay fever, we concluded the ad was misleading and had not been substantiated.
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 Chiropractic Life to avoid making claims that Chiropractic could treat hay fever in the absence of adequate evidence.
