Background
Summary of Counci decision:
Two issues were investigated, of which both were Upheld.
Ad description
Claims on www.food-intolerance-testing.co.uk stated, "… we are regarded as some of the countries [sic] most experienced hair analysts with over 30 years of experience of food intolerance testing (over 620 separate foods and drinks tested together with substance allergies and additives) … We offer a range of products at competitive prices to suit all budgets. We cover all the common products and substances, but if there is something specific, we can also add this in by request free of charge (including your pet hair if required). Our tests can help people with a wide range of conditions like bloating, IBS, Eczema or lethargy, but if you have a specific question on allergies, conditions or our tests, just get in touch. As quickly as 24 hours* you will receive a comprehensive, personalised report detailing intolerances and deficiencies of minerals / vitamins". On a page headed "Get Tested NOW", claims included that the range of tests, which started at £39, involved analysis of "309 different food types". It was also claimed that some more expensive packages would involve "Recommendations & dietary modifications".
Issue
The complainant challenged whether:
1. the efficacy claims for food intolerance testing were misleading and could be substantiated; and
2. the website discouraged people from seeking essential treatment for conditions for which medical supervision should be sought.
Response
Oatmeal Health suggested that they were willing to remove all reference to hair dowsing as a means of testing for food intolerances, but after discussion, would not agree to remove the claims, "we help you identify what foods to avoid with our simple, colour coded report with full lifetime, unlimited support from our UK team to help you on your road to recovery" and "our tests can help people with a wide range of conditions like bloating, IBS, Eczema or lethargy". They also agreed to add a note to some pages of the website stating, "You should first seek the advice of a doctor for serious medical conditions". Notwithstanding that, they did not provide any documentary evidence to substantiate the claim that they were able to test for and determine food intolerances.
Assessment
1. Upheld
The ASA acknowledged that Oatmeal Health at first said they were willing to remove all references to hair dowsing from their website. However, we considered that it was strongly implied throughout their website that they were able to test for and determine consumer food intolerances and they were not willing to amend or remove those claims. We noted that Oatmeal Health did not provide any documentary evidence to substantiate the claim that they could test for and determine food intolerances. Because of that, we concluded that the ad was misleading.
The ad breached CAP Code 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).
2. Upheld
The ASA acknowledged that Oatmeal Health agreed to add a note to some of the pages on the website, encouraging consumers to seek the advice of a doctor for conditions that might require medical supervision. However, we noted that the website included the claim, "our tests can help people with a wide range of conditions like bloating, IBS, Eczema or lethargy." We considered that the latter three were conditions for which evidence should be sought by the ASA or CAP. We noted that Oatmeal Health did not provide any documentary evidence to substantiate the claims. We also noted that many of the customer reviews referred to the service as a successful replacement for medical advice. We considered that the ad might discourage patients from seeking essential treatment for conditions for which medical supervision should be sought. Because of that, we concluded that the ad breached the Code.
The ad breached CAP Code 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),
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.
and
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).
Action
The ad must not appear again in its current form.
