Background
Summary of Council Decision:
Three issues were investigated, all of which were Upheld.
Ad description
A website for MarieAtlas, an Atlas PROfilax® practitioner on www.marieatlas.co.uk seen on 7 August 2015.
a. Claims on the home page for www.marieatlas.co.uk explained the consequences of having a misaligned Atlas bone (the first bone in the neck underneath the skull) and stated "A luxated atlas can cause significant adverse changes to the posture. The results are symptoms such as neck pain, stiff neck, back pain, lumbago, herniated disc(s), scoliosis, jammed spinal nerves, scoliotic pelvic, pain in the hip joints, knee pain, and other maladies of the knee, difference in leg length, etc ... ". Further claims stated "Extensive research demonstrates that the importance of the upper neck concerning our health and emotional balance. The Atlas is, in many cases, out of place, rotated forward and left, thus causing a variety of problems ... One example of a major change to the posture caused by a misaligned Atlas is the scoliotic pelvis ... Also when the Atlas is misaligned and the spinal column is unbalanced, the central nervous system is not able to function at its best".
b. Claims on the "Method" page of the website stated "... If the atlas is misaligned (subluxated) it causes the head to tilt. The body instinctively tries to straighten the head up while keeping the head over the feet (centre of gravity). This causes STRESS throughout the rest of the spine, the shoulders, the pelvis, the hips, the knees and the ankles.
c. Claims stated "The repositioning process of the Atlas is a simple and safe procedure providing life lasting advantages. Children can especially benefit from a treatment as a preventative measure, allowing them to grow up healthily and develop their potential to the fullest. The treatment of children is particularly recommended because of the ease of execution, resulting from the near-absence of muscular contractions and the greater capacity for easy adaptation to the realignment". A number of video and written testimonials also appeared on the "Children" page of marieatlas.co.uk.
d. A number of video testimonials appeared on the "Testimonials" page of the website.
Issue
The complainant challenged whether:
1. the claims relating to the consequences of having a misaligned Atlas bone in ads (a) and (b) were misleading and could be substantiated;
2. the claims that the treatment was beneficial for children in ad (c) were misleading and could be substantiated; and
3. the advertiser held documentary evidence to show that the testimonials in ads (c) and (d) were genuine.
Response
MarieAtlas.co.uk acknowledged receipt of the complaint but provided no substantive response on the points of complaint.
Assessment
1. Upheld
The ASA considered marieatlas.co.uk had made objective claims about the consequences of having a misaligned Atlas bone and therefore, we expected the advertiser to hold evidence in support of those claims. Those claims appeared within ads which stated that Atlas PROfilax® therapy was an effective therapy for a number of conditions. We therefore considered in that context, references to conditions that arose because of a misaligned Atlas bone were likely to be interpreted to mean that Atlas PROfilax® therapy could treat or alleviate them. MarieAtlas.co.uk did not provide any evidence to demonstrate that a misaligned Atlas bone would lead to those symptoms and/or conditions and in the absence of such evidence, we concluded the claims had not been substantiated and were misleading.
On this point, ads (a) and (b) 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)..
2. Upheld
We considered marieatlas.co.uk had made claims that repositioning an Atlas bone which was believed to be misaligned in children had a beneficial effect on their health and well-being and therefore, we expected the advertiser to hold suitable and robust evidence to show that was the case. MarieAtlas.co.uk did not provide any such evidence and in its absence, we concluded the claims had not been substantiated and were misleading.
On this point, ad (c) 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).
3. Upheld
The Code required advertisers to hold documentary evidence to demonstrate that testimonials used in their advertising were genuine and to hold contact details for the people who gave them. We therefore considered MarieAtlas.co.uk needed to provide us with copies of the original testimonials together with the contact details of those who had given them, as well as supporting documentary evidence to demonstrate those details were genuine such as correspondence between MarieAtlas.co.uk and those who had given the testimonials. Because MarieAtlas.co.uk had not provided any such evidence, we considered they were unable to demonstrate the testimonials were genuine. Therefore, we concluded that the use of the testimonials on her website was misleading.
On this point, ads (c) and (d) 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 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and testimonials).
Action
The ads must not appear again in their current form. We told MarieAtlas.co.uk to remove: the claims relating to the consequences of having a misaligned Atlas bone in ads (a) and (b); the claims that the treatment was beneficial for children in ad (c); and the testimonials which appeared on her website.
