Ad description
A website, www.leamingtonhypnotherapy.co.uk, stated "List of Problems and Symptoms resolved easily in Leamington Spa with Hypnosis and Hypnotherapy ... Symptoms Effectively Treated Using Hypnotherapy and Pure Hypnoanalysis - in Leamington Spa ... In the IAPH [International Association of Pure Hypnoanalysts], we have effectively treated people with the following list of symptoms by using our unique form of therapy hypnotherapy." The website listed the following conditions "skin disorders, sexual problems, anorexia/bulimia, lack of confidence, stuttering/stammering, chronic fatigue, chronic pain, poor self image, smoking cessation, social fears, premature ejaculation, fear of intimacy, childhood trauma, sexual and physical assault, migraines, drinking, ME, IBS, OCD, fetishes, PTSD, blushing, anger, colitis, bruxism, panic, guilt, sweating, nightmares, slimming, compulsions, shyness, bedwetting, nail biting, amnesia, phobias, depression, inhibitions, vaginisimus, addictions, grief, neuritis, fears, obsessions, insomnia, paranoia, asthma, tension, allergies, thumb sucking, anxieties, shy bladder and hypertension".
Issue
The complainant challenged whether the efficacy claims were misleading.
Response
Leamington Hypnotherapy Clinic said they had taken the advertised conditions from third party websites. They said they would contact their website developer to change the listed conditions.
Assessment
Upheld
The ASA contacted the advertiser after we noted the website had not been revised and asked them to submit amended text or evidence to support the claims made. The advertiser supplied minimal, partially revised text. However, it was not possible to assess whether it complied with the CAP Code due to the lack of detail and absence of proposed, revised conditions. Evidence was not submitted.
We were concerned about the lack of a substantive response from the advertiser to support the claims made in their ad. We also noted that treatment for several conditions listed should have been supervised by a suitably qualified health professional and the advertiser did not supply qualifications that demonstrated they were suitably qualified. Because we did not see evidence to support the claims made, and because the ad could discourage essential treatment for conditions for which medical supervision should be sought, we concluded the ad was misleading.
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),
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).
Action
The ad must not appear again in its current form. We told Leamington Hypnotherapy Clinic to hold robust evidence before making efficacy claims for hypnotherapy in future advertising and to ensure they did not refer to conditions for which medical supervision should be sought.
