Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for Shambhallah Healing Center Ltd, www.shambhallahhealingcenter.com, seen on 3 January 2018, was headed "Shambhallah Healing Center - Nature Masters in illness Reversal". Text stated "Shambhallah Healing Center is ready to help reverse your Health Condition - At Shambhallah Healing Center we are ready to help you reverse those Health conditions which you've been misinformed for many centuries are irreversible ... we have 1. Brain Tonic for reversing Brain disorders of all kinds eg Autism, Dementia, Stroke, Alzheimer's, Parkinson's disease, Epilepsy, Psychosis, Huntington's etc - 2. Vivid Eye Tea for reversing various kinds of Eye problems eg Short sight, long sight, Astigmatism, Cross Eyes, Diabetic Retinopathy, Pterygium, Macular degeneration etc - 3. Auto immune Capsules for reversing various Auto Immune disorders - 4. Genetic Code Stimulator for reversing Genetic disorders eg Sickle cell, Neurofibromatosis, Down's syndrome, Cystic fibrosis etc ... 6. Diabetes Reversal Initiative Protocol ... for all types of Diabetes ... 8. Eye of the Hand Herbs for reversing Median Nerve Palsy, Radiculopathy etc - 9. Spine Alignment Protocol for reversing problems with the Spine - 10. Weight Gain/Obesity Reversal Protocol for all those struggling to loose [sic] weight - 11. Fibromyalgia Reversal Protocol for reversing Fibromyalgia - 12. Hypertension /High Cholesterol Reversal Protocol for reversing all kinds of Hypertension - 13. Heart Disease Reversal Protocol for reversing all kinds of Heart Problems - 14. Liver Disease Reversal Protocol for reversing all kinds of Liver Problems eg Liver cirrhosis, liver enlargement - 15. Kidney Disease Reversal Protocol for reversing all types of Kidney problems eg System Lupus erythematosus, Kidney stones, kidney infection etc".
Issue
The complainant challenged whether:
1. the ad discouraged essential treatment for conditions which medical supervision should be sought; and
2. the claims that Shambhallah Healing Center Ltd could treat eye problems and assist with weight loss were misleading and could be substantiated.
Response
Shambhallah Healing Center Ltd did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Shambhallah Healing Center Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
1. Upheld
The CAP Code stated that 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 or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified medical professional.
The ad referred to Shambhallah Healing Center as "Nature Masters in illness Reversal" and stated "At Shambhallah Healing Center we are ready to help you reverse those Health conditions which you've been misinformed for many centuries are irreversible”. The ad then went on to list autism, dementia, stroke, Alzheimer's, Parkinson's Disease, epilepsy, psychosis, Huntington's, diabetic retinopathy, pterygium, Macular degeneration, auto immune disorders, sickle cell, neurofibromatosis, Down's syndrome, cystic fibrosis, diabetes, median nerve palsy, radiculopathy, reversing problems with the spine, fibromyalgia, hypertension, high cholesterol (in the context of hypertension), heart disease, liver problems (e.g. liver cirrhosis, liver enlargement), kidney problems (e.g. system lupus erythematosus, kidney stones and kidney infection), all of which we considered to be conditions that advice, diagnosis or treatment needed to be conducted under the supervision of a suitably qualified medical professional. We considered that the strong efficacy claims and superiority claims over other methods could encourage people to approach Shambhallah Healing Center directly for treatment However, they had not supplied evidence that showed that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified medical professional; we concluded that the ad discouraged essential treatment for conditions which medical supervision should be sought and therefore the ad breached the Code.
On that point the ad breached CAP Code (Edition 12) rule
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, medical devices, health-related products and beauty products).
2. Upheld
We considered consumers were likely to interpret the claims “Vivid Eye Tea for reversing various kinds of Eye problems eg Short sight, long sight, Astigmatism, Cross Eyes” and “Weight Gain/Obesity Reversal Protocol for all those struggling to loose [sic] weight” to mean Shambhallah Healing Center could treat eye problems and assist with weight loss. We considered such claims needed to be supported by evidence, including trials of the treatments conducted on people which demonstrated their efficacy. Because Shambhallah Healing Center had supplied no such evidence, we concluded that the claims were not substantiated and were therefore misleading.
On that 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) 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, medical devices, health-related products and beauty products).
Action
We referred the matter to CAP's Compliance Team.
The ad must not appear again in the form complained of. We told Shambhallah Healing Center Ltd to ensure their ads did not discourage essential treatment for conditions for which medical supervision should be sought and did not state or imply that they could treat other conditions, for example treating eye problems and assisting with weight loss, unless they held adequate evidence.
