Ad description
The website, www.spiritwalkercrystals.com, included a page entitled "Crystals For Health". Text stated "We are frequently asked which crystals we would recommend for a whole variety of ailments and conditions. Our aim is to put together a list of recommendations for specific issues. If you cannot find what you are looking for within our list, please let us know via the contact us form and we will create a section specifically to suit your needs". This was followed by a list of various health conditions including "ALZHEIMERS", "ANORXIA" [sic], "ASTHMA", "ASPERGERS", "CHRONIC FATIGUE", "COLDS AND FLU", "CYSTIC FIBROSIS", "DEMENTIA", "DEPRESSION", "EPILEPSY", "FERTILITY", "HEART CONDITIONS", "MENOPAUSE", "PNEUMONIA", "RHUEMATISM" [sic] as well as other issues such as "ADDICTION", "MEMORY IMPROVEMENT" and "WEIGHT LOSS". Each of these linked to another web page which displayed specific types of crystal.
Issue
The complainant challenged whether the ad's claims misleadingly implied that the recommended crystals could treat or cure the listed ailments and conditions.
Response
Spirit Walker Crystals (SWC) said it was not their intention to mislead their customers. They highlighted that their terms and conditions stated "Crystal Healing: There is no official scientific research to suggest that crystals or any other form of complimentary therapy actually works. However, we have had a considerable amount of positive feedback from those who have used our crystals. You can view all our feedback and ratings on each of our products at the foot of each individual item we sell. When making purchases based on the recommendations you find on this website, no guarantee can be given to successful results following use of any crystals purchased. Any claims that we make as to the healing properties of crystals are only suggestions drawn from various crystal publications (crystal books) and our own personal experience. Any recommendations are not scientifically proven and they should not replace any licensed medical or psychological treatments. This website is not recommended as a means of diagnosing or treating any illness. All matters concerning physical and mental health should be supervised by a health care practitioner qualified in treating that particular ailment or condition. Any reference to the crystals [sic] magical or healing properties found within this website or any literature that accompanies our products is merely an interpretation of how they could possibly work". They explained that customers had to agree to those terms and conditions before placing an order.
They also said they had removed the web page that had prompted the complaint and had amended their site further to include a disclaimer on every product's listing which stated "Prices including VAT. There is no official research to show that the information and advice given regarding our crystals is correct. All information comes from books and personal experience and should not replace any advice you have been given by medics".
In addition, SWC stated that they taught a fully accredited two-year diploma in crystal therapy. They said they were therefore expected to provide information regarding the benefits of their products. They reiterated that the information on their site came from researching published books and from their own personal findings. They acknowledged that there was no official research, as yet, to confirm their findings, but reported that they got a lot of positive feedback from their customers.
Assessment
Upheld
The ASA acknowledged SWC's admission that they could not provide any evidence to substantiate the implied healing claims which appeared on the "Crystals for Health" web page. We understood that SWC had made a number of changes to their website which included the removal of the challenged claims. We noted, however, that a number of similar claims regarding the ability of particular crystals to treat or cure various ailments and conditions still appeared on their website.
We noted that a disclaimer stating that healing could not be guaranteed appeared in SWC's terms and conditions, and that a shorter version had been included on every product listing. We considered, however, that those disclaimers contradicted rather than qualified the healing claims which appeared throughout the site, and were not sufficient to mitigate the misleading nature of those healing claims. Because we had not seen any evidence to substantiate the claims that particular crystals could treat or cure the ailments listed on their website, we concluded that the claims were misleading and in breach of the Code.
The claims 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),
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.
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.
and
12.8
12.8
Marketers must hold proof before claiming or implying that a minor addiction or a bad habit can be treated without effort from those suffering.
(Medicines, medical devices, health-related products and beauty products) and
13.1
13.1
A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.
(Weight control and slimming).
Action
The claims must not appear again in their current form. We told SWC to ensure they did not claim that their products could heal or treat ailments or medical conditions unless they held robust, clinical evidence to substantiate those claims.
