Claims in advertising that directly or indirectly invite consumers to consider seeking Osteopathy or Chiropractic treatment must comply with the Codes.
Making treatment claims
As Osteopaths and Chiropractors are regulated by statute, they can refer to musculoskeletal symptoms and associated conditions where suitably qualified medical advice should be sought. The ASA also accepts that Osteopaths and Chiropractors can claim to treat certain medical conditions without the need to personally hold evidence to support those claims.
Those approved conditions are listed in our AdviceOnline library entries Health: Osteopathy and Health: Chiropractic. They include claims for treating general acute and chronic backache or backpain (not from injury or accident), and rotator cuff injuries as well as headache arising from the neck.
However, if claims are made to treat conditions that are not listed, for example whiplash, they are likely to be problematic unless robust, clinical evidence to support them is held by the marketer.
Similarly, when using alternative medical terms to describe any of the approved conditions, marketers should hold evidence to demonstrate that the description is generally agreed to have the same meaning as the approved condition.
Claims to treat specific groups including babies, children and pregnant women
Both Chiropractors and Osteopaths can make claims to treat general as well as specific patient populations that include babies, children and pregnant women.
However, claims to treat conditions or symptoms presented as specific to those groups, such as colic, morning sickness or pelvic pain in pregnant women, should not be made unless the marketer holds a robust body of evidence.
Claims in testimonials
As with other claims, claims that appear in testimonials must be supported by sufficient evidence. This includes both direct and implied claims, where the testimonial could be understood to be an efficacy claim. Whilst the ASA would likely acknowledge that a testimonial may be a genuinely held opinion of a person’s experience of treatment, if that view was likely to be interpreted as an objective claim, it should not be included unless the marketer holds sufficient evidence.
What is evidence?
For non-approved claims, marketers should hold robust clinical evidence. You can find further advice in our CAP News article: Evidence evidently is everything. along with our CAP Guidance on the level of substantiation expected in health, beauty and slimming claims.
And remember, testimonials alone are not sufficient substantiation.
Using medical titles
Claims such as ‘Dr’ and ‘Doctor’ are likely to be understood to mean the individual referred to holds a general medical qualification. Therefore, if an Osteopath does not hold that qualification, they should avoid using either term.
Chiropractors who are registered with the General Chiropractic Council (GCC) can use the courtesy title of ‘Doctor of Chiropractic’ (and similar abbreviated titles DC, Doc, and Dr) in their ads; however, they should also ensure that the title is sufficiently qualified so that it does not give the impression that the Chiropractor holds a general medical qualification. See our AOL - Use of the term "Dr".
If you are unsure about whether your non-broadcast ads are likely to be acceptable, the CAP Copy Advice team are on hand to answer your questions and give free, bespoke advice.
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