Background
Summary of Council decision:
Two issues were investigated, both were upheld.
Ad description
A Naturopathy website, www.naturopathy-uk.com, included a web page offering courses in Naturopathy. Under the heading "What is Naturopathy?" it stated, "A Naturopath is a health practitioner who applies natural therapies. His/her spectrum comprises far more than fasting, nutrition, water, and exercises; it includes approved natural healing practices such as Homeopathy, Acupuncture, and Herbal Medicine, as well as the use of modern methods like Bio-Resonance, Ozone-Therapy, and Colon Hydrotherapy". It also stated, "By using natural therapies he or she is able to treat both acute and chronic ailments successfully" and "Using a range of alternative methods of diagnosis, a Naturopath can often successfully pin-point a predisposition in the body, before the onset of acute disease, and treat the patient with specific therapies and changes in the patient's lifestyle". In a description of the principals of Naturopathy, the website stated, "The physician as teacher - a Naturopath empowers the patient to take responsibility for his/her own health by teaching self-care" and "Prevention is better than cure - a Naturopath may remove toxic substances and situations from a patient's lifestyle to prevent the onset of further disease".
Issue
The complainant challenged whether:
1. the website's references to the ability of Naturopaths to treat "acute and chronic ailments" and "disease" misleadingly implied that Naturopathy could treat medical conditions; and
2. the claim "The physician as teacher - a Naturopath empowers the patient to take responsibility for his/her own health by teaching self-care" misleadingly implied that Naturopathy practitioners were medically qualified.
Response
CNM The College of Naturopathic Medicine Ltd (CNM) said naturopathy was an overarching term for a number of therapies including homeopathy, acupuncture and herbal medicine. They said natural therapies had been around for thousands of years and were therefore a tradition and part of EU culture, which was protected under EU law. Furthermore they considered that to limit natural therapies would have a detrimental effect on practitioners and therefore on public health. CNM stated that surveys had shown that 80% of the public would prefer natural therapies over orthodox medicine. They also said that it was proven that natural therapies worked, through the experience of thousands of practitioners and also through other evidence.
They also said CNM was an educational institution and therefore had the right to free speech, education and expression under the European Convention of Human Rights. They did not believe claiming that natural therapies could treat and diagnose illness constituted marketing material, but was rather providing information to the public.
Assessment
The ASA noted that CNM believed the material objected to in the complaint was not marketing material. However, we considered the claims were directly connected with the supply of the materials and courses offered by CNM and were therefore within the scope of the CAP Code.
1. Upheld
We considered that the website implied that naturopathy could treat medical conditions. In the absence of any evidence to support this, we concluded that the claims breached the Code.
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) 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 that the term "physician" in the claim "The physician as teacher - a Naturopath empowers the patient to take responsibility for his/her own health by teaching self-care" implied that CNM's naturopaths were medical professionals suitably qualified to diagnose and treat disease. In the absence of any evidence to support this interpretation we concluded that the claim breached the Code.
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) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ad must not appear again in its current form.
