Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Facebook post for online counselling and therapy provider BetterHelp, seen on 12 May 2022, featured a sketch with a conversation between two characters, a patient and a doctor. The patient opened with, “Hi … I’m really struggling with my mental health, I’d like to see a therapist,” to which the doctor responded, “I can sign you off work with stress.” The patient then said, “No, I don’t think I’m stressed. I’ve been struggling for a while”. The doctor replied, “Medication?”, to which the patient answered, “Maybe, I think I’d like to try therapy first though.”
On-screen text appeared that stated, “*4 weeks later*” and the video cut to the patient character, who stated, “Hi, I’m sorry to bother you, I’ve just been really struggling with my mental health and I feel like I need to see a therapist.” The doctor responded, “Mmhmm, yeah, of course. It’s going to be 12 months.” The patient, raising her hand, exclaimed, “Twelve months?!” The video then cut to a character speaking on behalf of BetterHelp who said, “I just wanted to let you know that you can access a network of over 20,000 licensed therapists right now with no waiting list with betterhelp.com.” The dialogue in the video appeared subtitled on-screen. Text underneath the video stated, “Therapy From Home. Discreet, convenient, affordable”.
Issue
The complainant challenged whether the ad:
1. misleadingly implied the waiting time to receive National Health Service (NHS) therapy for mental health conditions was up to 12 months; and
2. was irresponsible, because they believed it discouraged people with mental health conditions from seeking support from the NHS.
Response
BetterHelp, Inc. explained that the ad had been shown on Facebook in the UK between April and May 2022, and in the United States in May 2022. The ad had been removed from Facebook following contact from the ASA, and internal training on the CAP Code had been initiated.
1. BetterHelp said the ad made no direct reference to the NHS, and that as it had been used in several different countries, it did not refer to any specific mental health provider or service. The “12 month” timeframe was hyperbole, used for dramatic purposes in the ad. They understood the time period quoted in the ad was four to six times longer than the average waiting time.
2. BetterHelp said their business was to encourage and support those seeking mental health services. The ad sought to provide an option to those seeking online therapy and did not suggest that BetterHelp was the sole option for mental health services.
Assessment
1. Upheld
The ASA considered that while there were a number of private health care providers operating in the UK, the primary source of health care, including mental health care, was the NHS. In that context, we considered consumers would interpret the ad’s reference to a “12 month” wait for therapy as meaning that they would have to wait up to 12 months to receive therapy on the NHS.
We acknowledged BetterHelp’s comments that the claim in the ad used hyperbole for dramatic effect. We also welcomed BetterHelp’s assurance that the ad had been removed from circulation. However, because we considered the ad would be understood as meaning that consumers could wait up to 12 months to access therapy services with the NHS, and we had not seen evidence from BetterHelp to show that was the case, we concluded the ad was misleading and therefore breached the Code.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Advertisements must not falsely imply that the advertiser is acting as a consumer or for purposes outside its trade, business, craft or profession. Advertisements must make clear their commercial intent, if that is not obvious from the context. (Substantiation).
2. UpheldThe CAP Code required marketing communications to be prepared with a sense of responsibility to consumers and to society. We considered that advertising private mental health care services was not necessarily irresponsible in and of itself. However, because of the potential vulnerability of consumers seeking mental health care, marketers would need to take particular care when preparing marketing communications for those services.
The ad presented a sketch in which the patient told a doctor that they had been struggling with their mental health for some time. In response, the doctor – who maintained a dismissive and uninterested tone throughout the ad – recommended medication as a first port of call, later informing the patient that there would be a 12- month wait to see a therapist. The ad then informed consumers that they could “access a network of … licensed therapists right now with no waiting list”.
We also welcomed BetterHelp’s assurance that the ad had been removed from circulation. However, we considered the ad gave the impression that the patient character, who said she had been “really struggling” and “struggling for a while”, had a growing, and potentially serious, mental health condition. We considered the ad could have had the effect of discouraging consumers from seeking therapy through their General Practitioner (GP) and the NHS by implying that they may not be treated sympathetically and would have to wait for a long period of time to receive help for serious mental health conditions. For those reasons we concluded the ad was irresponsible.
On that point, the ad breached CAP Code (Edition 12) rule 1.3 1.3 Advertisements must comply with the law and broadcasters must make that a condition of acceptance. (Social responsibility).
Action
The ad must not appear again in the form complained of. We told BetterHelp, Inc. to ensure their future marketing communications were not misleading, and were prepared with a sense of responsibility to consumers and to society.
