Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for Ron Prescott ND, www.ronprescottnd.co.uk, made efficacy claims for the abilities of thermal auricular therapy, Indian head massage, Buteyko breathing, constitutional hydrotherapy, aqua detox, energy alignment, and emotional freedom technique to treat various medical conditions. The conditions, for which treatment was offered, included depression, psoriasis, infertility, migraine, arthritis, asthma and Crohn's disease.
Issue
The ME Association, who understood that the therapies were not administered by qualified health professionals, challenged whether:
1. the efficacy claims for the treatment could be substantiated; and
2. the ad breached the Code by offering treatment for conditions for which medical supervision should be sought.
Response
Ron Prescott ND acknowledged the complaint but declined to comment on the case.
Assessment
The ASA was disappointed that Ron Prescott ND did not engage with the investigations process.
1. Upheld
The ASA noted that the ad made numerous references to the treatment of medical conditions, and that these were capable of objective substantiation. In the absence of evidence to support the efficacy claims made for the treatments in the ad, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) 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.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
The ASA noted that the ad offered treatment for serious medical conditions, and that such treatments should only be offered if conducted under the supervision of a suitably qualified health professional. We had not seen evidence demonstrating that those carrying out or supervising the therapies were suitably qualified We therefore concluded the ad breached the Code.
The ad breached CAP Code (Edition 12) rule
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 Ron Prescott ND to ensure that future ads did not make efficacy claims that were not supported by robust, documentary evidence, or claim to treat conditions for which medical supervision should be sought.
