Ad description
A website on 10 June 2011, advertised reflexology services. The introduction stated “Busy life, been neglecting your health, stressed & tense, anxious, headaches, in pain, persistent health problems? Try Reflexology, a type of massage that is applied to the feet, to produce a beneficial effect on the whole body to help alleviate a number of conditions. Reflexology treats a wide range of disorders ... and can help people suffering from: - Stress and Tension - Arthritis - Asthma - Migraine - IBS - High Blood Pressure - Menstrual Problems - Eczema - Parkinson’s Disease - Tinnitus - and many more”.
A section on facial reflexology stated “By stimulating an area or point on the face, it can have a beneficial effect on the whole body. It is a gentle, non-invasive therapy. It can help to identify the root cause of an imbalance and corrects recurring symptoms. It can help people suffering from muscular-skeletal pains and various types of headaches. As facial reflexology also releases muscular tension and improves blood circulation in the face, another benefit is its anti-ageing properties”.
A section on reproreflexology stated “I can now help to treat couples with infertility problems ... At the moment I’m working with a client undergoing IVF treatment. I starting [sic] treating her 3 months before her first injections to prepare her. Her emotional state is good and it all seems to be progressing well ... Reproreflexology techniques are used at the end of the standard treatment and may help to regulate the period and any underlying problems and help with emotional issues. Once assisted conception begins I work to enhance the drugs being taken and to minimise any side effects”.
The site contained testimonials from Jackie Ginger’s customers and contained statements such as, “It was brilliant how it cleared up my sinusitis and my aches and pains. I felt so much better, I was even able to give up smoking”, “I have IBS and had a lot less bloating and the growling stopped after the course of treatments”, and “After my course of treatments, my hip was less painful, I was less anxious and was able to get out more”.
Issue
The Nightingale Collaboration challenged whether:
1. the efficacy claims for reflexology, facial reflexology and reproreflexology were misleading and could be substantiated; and
2. the claims on the website discouraged essential medical treatment for conditions where medical supervision should have been sought.
3. The ASA challenged whether the efficacy claims in the testimonials could be substantiated.
Response
1. Jackie Ginger Reflexology (Jackie Ginger) said she understood that very little research had been conducted on reflexology. She provided treatments forms and testimonials from clients, stating that she understood testimonials were not adequate substantiation for advertising claims under the CAP Codes, but said they demonstrated that she was a qualified and professional reflexologist.
2. Jackie Ginger said she had never seen a client who had not been to their doctor first. She said she would not expect or wish to be a primary healthcare giver because her training did not allow or qualify her to make a diagnosis. She said she always took a full health history at a client’s first visit and advised clients to tell their doctors they were having reflexology.
3. Jackie Ginger said she asked clients for testimonials when she set up her website. She said they had all provided verbal testimonials and she reported the benefits they believed reflexology had provided them.
Assessment
1. Upheld
The ASA noted that whilst Jackie Ginger may have been a professional and qualified reflexologist, we had not seen evidence that reflexology, facial reflexology and reproreflexology could have benefits such as treating or helping with stress and tension, arthritis, asthma, migraine, IBS, high blood pressure, menstrual problems, eczema, Parkinson’s disease, tinnitus, muscular tension, blood circulation in the face, and fertility issues. We therefore concluded the claims for these therapies had not been substantiated and were misleading.
On this point the ad 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) 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.
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
12.6
12.6
Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
We welcomed Jackie Ginger’s statement that she saw clients only after they had seen their doctor first, and that she advised them to tell their doctor they were having reflexology. However, we noted the website claimed that the therapies listed could treat and benefit serious medical conditions such as arthritis, asthma, migraine, high blood pressure, menstrual problems, Parkinson’s disease, tinnitus, blood circulation in the face, and fertility issues, when we had not seen substantiation to support that. We therefore concluded the claims on the website discouraged essential medical treatment for conditions where medical supervision should have been sought.
On this point the ad 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) 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.
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
12.6
12.6
Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.
(Medicines, medical devices, health-related products and beauty products).
3. Upheld
While we noted the testimonials were genuine opinions from clients, we noted we had not seen objective evidence that reflexology was able to have the benefits those clients claimed it could, such as treating sinusitis or anxiety. We therefore concluded that the efficacy claims in the testimonials had not been substantiated.
On this point the ad 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),
3.47
3.47
Claims that are likely to be interpreted as factual and appear in a testimonial must not mislead or be likely to mislead the consumer.
(Testimonials),
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
12.6
12.6
Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form.
