Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A website, www.stepstoperfecthealth.co.uk, offered a range of tests and therapies.
A web page headed "Blood Analysis" included sections on "Dried Layered Blood Analysis by Light Field Microscopy" and "Live Blood Analysis by Dark Field and Phase Contrast Microscopy". The first section stated "Used to identify abnormalities in the blood, e.g. toxic metals, parasites, inflammation, anti-oxidant deficiencies, amino acid profile. This is an invaluable test to establish both the short and the long term nature of any health problems, as well as generally to give an overall picture of your health. This test gives some of the clinical information required to specifically tailor any health and rejuvenation programme". The second section stated "Used to identify yeast infections, nutrient deficiencies, Qualitative and Quantitative anaemia's [sic], Acid/Alkaline imbalances, Electro-magnetic deficiency and Pleo-morphic bacteria. Provides an essential foundational view of the current condition and quality of your blood i.e. Your river of life!". A third section titled "Blood Analysis Photos" included the text "Blood analysis can reveal and pin-point many underlying issues which are contributing to a current health challenge and although not diagnostic in itself, Blood Analysis will hightlight [sic] the factors compromising the ability to achieve balance and health ... The abnormal pictures of the blood shown below are all reversible given the right treatment and conditions. Patients will actually be able to see the quality of their blood improve with time ...". Next to the images of blood, text referred to "Hyper sensitivities causing allergic reactions in the bowel and vascular irritation ... Vitamin C and other antioxidant deficiencies, speeds up the ageing process ... Evidence of Parasitic infection ... Bowel and Liver toxicity and Adrenal Stress ... Massive Bowel Inflammation ... Magnesium Deficiency ... Acidosis/Losing Calcium: Kidneys need cleansing and supportive treatment ... Crystal deposits, may lead to kidney stones, Gall stones and arthritic conditions ... Yeast markers, signs of fermentation, often related to yeast infections and Candida".
A web page headed "Full Body Scan", which described tests carried out using the BEST body scanning system, included text which stated "Comprehensive scientific research has shown that the meridians of the body, first mapped by the chinese [sic], have a different electrical resistance to the rest of the body. Much work has been done to build on these maps and a database of information built up with research done on healthy individuals and those with specific health problems ... Using up to date computer software and digital images, one is able to get an on-screen dynamic reading for an on the spot assessment. This provides valuable early warning signs to potential problems as well as pin-pointing existing conditions. It can also be used to screen for Food Intolerances". Further text stated "The BEST system is capable of very complex screening techniques. In addition to the full body testing, the BEST system can screen for hormone imbalances, enzyme deficiencies, heavy metal toxicity, bacteria and viral infections, environmental allergies, pesticides and other nasty chemicals". Under the heading "Full Body Screening", text stated "Once we have established any current sensitivities, a diet designed to support and balance the system can be determined. This would change over time as your health begins to improve ... The full body scan reading will begin to normalise and previously weak points will once again show strong".
A web page headed "Sensitivity Allergy Testing" included text which stated "Sensitivity Allergy Testing uses the Electro Dermal screening technique to pinpoint an individuals [sic] susecptibilities [sic] to allergens in their environment. With the knowledge that this testing gives, the individual is empowered to be able to avoid or ideally completely remove the offending allergens from their life. ... When using common household cleaners in the shower, on mirrors, toilet, etc., you inhale and absorb a whole new range of poisonous chemicals that can damage the organs, eyes, central nervous and respiratory systems". Under the title "Use the two tables below to assess your own level of daily poisoning", the first table indicated which of eight "Known poisonous ingredients" were included in everyday products such as shampoo, hair spray, fabric softener and cosmetics. The second table listed a large number of "Negative Health Effects" associated with those ingredients, such as skin problems, eye problems including cataract formation, insomnia, respiratory problems including asthma, diabetes, damage to genes, muscle, joint and bone pain, gastrointestinal problems, anaemia, heart problems including heart disease, reproductive problems, headaches, dizziness, hyperactivity and ADD (also known as ADHD), memory loss, immune disorders and allergic reactions.
On a web page headed "Practitioner Profile" text stated "A multi-disciplined approach enables David to successfully treat a wide range of conditions. These include: Stress related disorders, Digestive problems, Constipation and Diarrhoea, Immune disorders, Arthritis, Osteoporosis, PMT, Weight problems, Candida, Bacterial and Parasitic infections, Skin Problems, Cardiovascular disorders, Muscle and Joint Pains. Through Electro-Acupuncture he can quickly screen patients for Food Sensitivities, Meridian Imbalances, Toxins, Allergies and Hormones. Live/Dried Blood Analysis provides a snapshot on the health of the delivery system, i.e. your blood. Having embraced 21st century Bio-Energetic Medicine, David is well positioned to continue to successfully treat his patients [sic] ever more complex health complaints, while keeping them on the cutting edge of new developments in preventative medicine".
Issue
The complainant challenged whether:
1. the dried layered blood analysis, live blood analysis, BEST body scanning system, and electro dermal sensitivity allergy testing were effective in the ways described;
2. the advertiser could treat or cure the conditions referred to; and
3. the ad could discourage consumers from seeking essential treatment for conditions for which medical supervision should be sought.
Response
1. & 2. Steps to Perfect Health (STPH) said the only way to evaluate the efficacy of their tests was through personal experience. They said that 20 years of positive results and customer feedback was sufficient to substantiate efficacy. They said they did not cure anything; given the opportunity, the body cured itself. They provided a link to the website of the manufacturers of the equipment they used for their full body screening and sensitivity testing. They said all the science behind the procedure was on the website but they did not provide any details or direct the ASA to specific information which supported their claims.
3. STPH said they were an integrated practice with a fully qualified GP, and all serious problems would be addressed by the GP. STPH removed the references to medical conditions from the website's "Practitioner Profile" page.
Assessment
1. & 2. Upheld
The ASA noted the CAP Code required marketers to hold documentary evidence to substantiate claims that consumers were likely to regard as objective and claims that were capable of objective substantiation. We considered that claims relating to the diagnosis and treatment of adverse health conditions and medical conditions should be backed up by robust evidence such as randomised clinical trials.
We noted the ad referred to the two blood analyses as identifying "abnormalities ... infections ... deficiencies ... anaemia's [sic] ... imbalances [and] bacteria", and stated that the dried layered blood analysis gave "some of the clinical information required to specifically tailor any health and rejuvenation programme" and the live blood analysis provided "an essential foundational view of the current condition and quality of your blood". Text also stated "blood analysis can reveal and pin-point many underlying issues which are contributing to a current health challenge and although not diagnostic in itself, Blood Analysis will hightlight [sic] the factors compromising the ability to achieve balance and health ... The abnormal pictures of the blood shown below are all reversible given the right treatment and conditions. Patients will actually be able to see the quality of their blood improve with time". Various adverse health conditions which could be linked to medical conditions were listed next to the images of blood, as well as explicit references to medical conditions including kidney stones, gall stones and arthritic conditions. We considered consumers would understand references to the identification of health and medical conditions, the use of the analyses to reveal and pinpoint issues, and the references to specific deficiencies, imbalances, infections, abnormalities and other health and medical conditions to be objective claims that the two blood analysis tests were effective in the diagnosis of health and medical conditions. We also considered that consumers would understand claims that the results of the analyses could be used to design "health and rejuvenation programme[s]" and that "the abnormal pictures of the blood shown below are all reversible given the right treatment and conditions" to be objective claims that STPH could alleviate, treat or cure health conditions and medical conditions which were identified through the blood analysis tests. Because we had not seen evidence that the tests were effective in diagnosing health and medical conditions, or that STPH had been successful in treating those conditions, we concluded the ad was misleading and breached the Code.
We noted the web page, which described the BEST body scanning system, referred to "Comprehensive scientific research" and "detailed research" that had led to the creation of a database of "electrical skin resistance data along the meridian pathways" which "correspond[ed] with the correct or incorrect functioning of the bodys [sic] organs and systems". The body scan provided "valuable early warning signs to potential problems as well as pin-pointing existing conditions", was a "powerful diagnostic tool" and could "screen for hormone imbalances, enzyme deficiencies, heavy metal toxicity, bacteria and viral infections, environmental allergies, pesticides and other nasty chemicals". Further text stated "a diet designed to support and balance the system can be determined. This would change over time as your health begins to improve! As nutrient deficiencies are corrected and toxins eliminated the recuperative powers of the body improve and adaptation to stress and recovery from illness are maximised. The full body scan reading will begin to normalise and previously weak points will once again show strong". We considered consumers would interpret such claims to be objective claims that the BEST body scanning system could be used to diagnose health and medical conditions, and that STPH could alleviate, treat or cure health and medical conditions which were identified using the BEST body scanning system. We noted the ad included text which stated "the BEST system does not diagnose, treat or cure any disease" but considered that the overall impression of the ad was that the system could detect and diagnose health and medical conditions, and that STPH could devise treatments to alleviate, treat or cure those health and medical conditions. Because we had not seen evidence that the BEST body scans were effective in diagnosing health and medical conditions, or that STPH had been successful in treating those conditions, we concluded the ad was misleading and breached the Code.
Finally, we noted the web page on "Sensitivity Allergy Testing" stated that it used the "Electro Dermal screening technique to pinpoint an individuals [sic] susecptibilities [sic] to allergens in their environment" and that the "individual is empowered to be able to avoid or ideally completely remove the offending allergens from their life". We noted that a number of health and medical conditions were listed in the "Negative Health Effects" table in association with substances that were included in everyday consumer products. We considered such references would be interpreted by consumers to be objective claims that the tests could diagnose sensitivities, intolerances and allergies to the substances listed in the tables, and that if STPH's tests identified a sensitivity or allergy to any of those substances they might be at risk from suffering the health and medical conditions. We also considered that consumers who suffered from the listed health and medical conditions would interpret the ad to mean that the tests could identify sensitivities or allergies to specific substances which, if eliminated from their life, could result in their conditions being alleviated, treated or cured. Because we had not seen evidence that the electrodermal screening technique could identify sensitivities, intolerances or allergies, that the referenced substances could cause the listed health and medical conditions, or that eliminating contact with those substances could alleviate, treat or cure the listed health and medical conditions, we concluded the ad breached the Code.
In relation to points (1) and (2), 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.
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
We noted that various pages of the website referred to the diagnosis and treatment of health and medical conditions, including the "Practitioner Profile" page which gave information about STPH's practitioner and stated that he had successfully treated a "wide range of conditions", including medical conditions for which medical supervision should be sought, such as arthritis, osteoporosis, and cardiovascular disorders. We considered the website therefore offered specific advice on, diagnosis of or treatment for such conditions, and noted that the CAP Code required that such advice, diagnosis and treatment should not be offered unless it was conducted under the supervision of a suitably qualified health professional. We noted we had not seen evidence that STPH's practitioner was a suitably qualified health professional. We noted STPH's assertion that they were an integrated practice and that all serious problems would be addressed by the GP. However, whilst we understood that STPH was based in a consulting room at a private medical practice, we noted the website of that practice did not make any references to STPH, its practitioner, or the services STPH provided. We noted we had not seen any evidence to substantiate that a suitably qualified health professional was involved in giving advice, diagnosis or treatment to STPH's clients. We concluded the ad discouraged essential treatment for conditions for which medical supervision should be sought.
In relation to point (3), 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
12.2
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).
Action
The ad must not appear again in its current form. We told STPH to remove all claims from their advertising which stated or implied that the dried layered blood analysis, live blood analysis, BEST body scanning system, and electrodermal sensitivity allergy testing were effective in diagnosing health and medical conditions. We also told them to remove all claims which stated or implied that STPH could alleviate, treat or cure any health and medical conditions. We told them to remove all claims which could discourage essential treatment for conditions for which medical supervision should be sought. We advised them to seek copy advice from CAP.
