Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Claims on the "How Can EFT Help Me?" page on www.susankennard.co.uk stated "Are you one of those people who tried everything to heal? ... EFT is also a powerful technique to use with post traumatic stress (PTSD) ... EFT has successfully solved many emotional as well as physical problems. Emotional problems Anxiety/Worries. Phobias (flying, heights). Bad habits/Addictions. Stress/Work pressure. Depression. Anger management. Power struggles. Physical problems Asthma. Blood pressure. Headaches. Body pain. IBS. Carpel tunnel syndrome And also problems like Overeating. Quitting Cigarettes. Sports performance. relationship difficulties and parenting issues And so much more. EFT often works where every other treatment fails. In fact EFT helps with virtually every physical and emotional problem you can think of. It is an alternative therapy where healing is done in a natural process ... Emotional Freedom Technique uses 100% natural ways to comfort and heal people ...".
Issue
Good Thinking challenged whether:
1. the efficacy claims for the listed conditions and problems were misleading and could be substantiated, and
2. the claims "EFT is also a powerful technique to use with post-traumatic stress (PTSD)" and "EFT has successfully solved many emotional as well as physical problems ... Addictions ... Depression ... Asthma. Blood pressure ... Overeating ..." were harmful and could discourage essential treatment for conditions for which medical supervision should be sought.
Response
1. Susan Kennard declined to provide the ASA with supporting evidence because, although she believed all the claims were capable of substantiation, the very nature of EFT meant that the material was mainly anecdotal and unlikely to be based on controlled research studies. She removed some of the claims.
2. Susan Kennard removed most of the claims referring to medical conditions, but said anecdotal evidence and her own research with over 200 army veterans had shown EFT helped with post-traumatic stress (PTSD) and that claim remained on the web page.
Assessment
1. Upheld
No evidence was provided to the ASA to support the claims "EFT often works where every other treatment fails", "EFT helps with virtually every physical and emotional problem you can think of. It is an alternative therapy where healing is done in a natural process" and "Emotional Freedom Technique uses 100% natural ways to ... heal people". Also we had not seen any evidence to show that EFT helped resolve the emotional, medical and personal problems listed on the page. We considered that the claims had not been substantiated and were therefore misleading and breached the Code.
On that point, the claims 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.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
We noted the CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought, and that included offering specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional. Although Susan Kennard removed a number of claims referring to medical conditions, the references to PTSD and eating disorders remained on the page. We considered that PTSD and eating disorders were conditions for which medical supervision should be sought and in the absence of evidence to demonstrate that any treatment would be carried out by a suitably qualified healthcare professional, we concluded the claims were likely to discourage essential treatment.
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).
Action
The ad must not appear again in its current form. We told Susan Kennard to ensure that her advertising did not make efficacy claims for EFT unless she held robust evidence to substantiate the claims. We also told Susan Kennard to ensure that her advertising did not discourage essential treatment for conditions for which medical supervision should be sought.
