Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for the Beauty Company, www.beautycompanybelfast.com, seen in May 2016 included a page headed "Logan Fertility Method™" and various claims were made that the massage treatment could treat fertility issues, including "He is officially the first baby in the world to be born using the Logan Fertility Method™ and is living proof that while traditional Western science is wonderful, it doesn't hold all the answers about the path to motherhood", "But with The Logan Abdominal Massage and associated Logan Fertility Method techniques, it wasn't long before gloom started turning to glee. By massaging the tummy and associated organs, oestrogen and progesterone are stimulated while blood flow to the uterus is increased. Retrovertion - or a tilt - in the uterus is corrected, along with posterior alignment issues by simply using gentle and regular manipulation. The therapy is also wonderful for dealing with adhesions and such like fibroids, endometriosis and stagnant ovaries, those little guys sometimes need a wake-up call and a to-do list!" and "Since carrying out my first fertility massage on June 10, 2009 to today June 30, 2013, 154 babies have been born to my clients - THAT'S AN AVERAGE OF ABOUT 40 BABIES BORN EVERY YEAR TO WOMEN WITH MAJOR FERTILITY CHALLENGES AFTER THEY HAVE WALKED INTO MY CLINIC. AND NOW ANOTHER 51 are on the way. And nearly all those wonderful mums had been written off as fertility failures by modern Western science/medicine".
Issue
1. The complainant, an osteopath, challenged whether the efficacy claims for the “Logan Fertility Method” were misleading and could be substantiated.
2. The ASA challenged whether the ad discouraged essential treatment for infertility, a condition for which medical supervision should be sought.
Response
1. & 2. The owner of Beauty Company said she did not consider the web page to be advertising but rather an article about her own personal struggles with fertility and what she did to improve her chances of getting pregnant, and communicate that as a result she believed in the power of her complementary therapy to help others. She said she clearly stated that she underwent two assisted pregnancies in order to conceive her children and she used her own body and physiological responses to develop her complementary therapy. She said she offered a complementary service to people with fertility challenges, but did not claim to treat infertility and did not reference infertility on the web page complained about or on her website elsewhere. She said she was a supporter of assisted fertility and did not discourage essential treatment for infertility. She said the service she offered was about creating chances for healthy conception and pregnancy, not treating infertility.
She said that she was willing to remove the article and review her website and trading name so that there could be no misinterpretation of the services she offered but that she was not willing to agree to remove references to ‘fertility’ from her marketing.
Assessment
1. Upheld
The ASA considered that the web page in question promoted the massage offered by The Beauty Company and, in the context of the website which promoted the services offered by the clinic, the claims were marketing material and within the ASA's remit.
We considered that consumers would interpret the various claims on the web page to mean that the Beauty Company offered a type of massage which could treat infertility and individuals having difficulty conceiving, including in conjunction with fertility treatment such as IVF (in vitro fertilisation). Elements which contributed to that impression included the name “Logan Fertility Method”, the references to medical conditions which could be related to difficulties conceiving such as endometriosis and fibroids and the description of the number of babies born to the clinic’s clients. Although the page did not directly reference ‘infertility’, we considered that in this context references to ‘fertility’ were likely to be seen as implied claims that the massage could treat infertility, particularly because individuals were unlikely to seek out fertility assistance unless they were having difficulties conceiving naturally. We considered that the claims the massage could treat infertility, including in conjunction with other fertility treatments, would need to be substantiated by evidence, including clinical trials conducted on people. Because the advertiser had not provided any evidence in support of the claims we concluded that they had not been substantiated and were therefore 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.
(Medicines, medical devices, health-related products and beauty products).
2. Upheld
We considered that consumers would interpret the various claims on the web page to mean that the Beauty Company offered a massage which could treat infertility and individuals having difficulty conceiving, as outlined above. 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 of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional. We considered that infertility, or difficulty conceiving naturally, was a condition for which medical supervision should be sought. Because the treatment offered by the clinic did not take place under the supervision of a suitably qualified health professional, we concluded that the claims breached the Code.
On this 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 the form complained of. We told The Beauty Company not to state or imply that they could treat infertility, or difficulties conceiving naturally. We told them not to use the name “Logan Fertility Method” and advised them that references to fertility made in relation to the massage were likely to mislead.
