Last week was National Complementary Therapies week – which highlights that many complementary medicine and alternative medicines (CAM) can offer physical, emotional or even spiritual support for those with a myriad of health challenges.

But not all therapies are created equal, and not all advertising claims are acceptable - as many advertisers have found out the hard way through ASA rulings – resulting in discomfort and brain fog. 

Fear not, we can help to heal your advertising using the holistic CAP Code Method (results might vary, please consult the CAP Copy Advice team if symptoms persist).

1. Hold evidence for treatment claims

We understand that the holistic nature of many CAM therapies can make it more challenging to gather the types of evidence the ASA would expect marketers to substantiate their claims in their ads (CAP Code rule 12.1).  However, the fact remains that the ASA will expect marketers of CAM therapies to hold clinical trial evidence that can produce statistically significant results to support their objective treatment claims. This CAP Guidance explains the types and levels of evidence the ASA would expect to see.  These ASA rulings on IV Drips demonstrate the extent to which the ASA will assess, and sometimes reject, submitted clinical evidence.

2. Treatment claims can be implied as well as direct

Marketers should be aware that treatment claims can be both direct and implied. The ASA will always view ads from the perspective of the consumer. For example, a claim to “help” someone with a named medical condition could be understood by consumers to mean the therapy can ameliorate symptoms.  Other claims/images in an ad about the therapy may also frame references to medical conditions as treatment claims.

3. Consider using more subjective, sensorial claims

On occasions, a therapy may be so new or unusual that it may not have any significant clinical trials to support the claims marketers wish to make.  That doesn’t always mean that references to medical conditions are prohibited, but claims should be restricted to the sensorial/subjective benefits.  This CAP Advice and this CAP Guidance provides some more detail.

4. Don’t discourage essential medical treatments

Evidence aside, claims to help with some more serious medical conditions could be considered to discourage essential medical treatment (CAP Code rule 12.2).  These 2023 rulings on hyperbaric oxygen chambers were found to discourage essential medical treatment for conditions including long COVID, chronic health conditions and depression, because the advertisers had not provided evidence to demonstrate that treatment had been overseen by a suitably qualified health professional.   This CAP Guidance includes a non-exhaustive list of medical conditions to which this position applies.

5. Don’t forget that the rules also apply to claims in testimonials

Although we recognise that claims in testimonials are intended to reflect an individual’s experience, those testimonials may still imply that a therapy is efficacious - especially if it refers to specific health conditions.  Unless clinical evidence is held to support direct and implied treatment claims, marketers are encouraged to use testimonials that refer to subjective or sensorial aspects of their experience.  This CAP Advice on Claims in testimonials and endorsements explains the position further.

We have a wealth of advice on many things, including individual therapies in our AdviceOnline library and marketers who are still unsure about the acceptability of claims in non-broadcast ads can use our Copy Advice service.

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More on

• Health conditions
• Medical devices
• Claims, endorsements and testimonials
• Medicines, remedies and therapies
• Medical procedures and services
• Children and the vulnerable
• Misleading
• Online, catch-up TV and radio, in-app and in-game
• Mailings, email, phone/fax and messaging
• Cinema
• TV and radio (broadcast only)
• Poster and other out of home
• Newspapers, magazines and printed materials

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