Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for Y&M Holistic Clinic, www.ymclinic.com, seen in December 2017, included text on a web page titled “Screenings”, which stated “What can a screening find? ... Suffering from any of the following?: Weight and digestive problems, bloating; Heart conditions; Arthritis, joint pains; Back pain; Diabetes; Skin problems, rashes; Psoriasis, eczema, acne; Rhinitis, sinus; Headaches, migraine, depression, anxiety, fatigue; Sleeping problems etc …If so, early diagnostics - is the first step to improving your condition and improving your life. Our diagnosis allows to discover [sic] about your organism …”. Text further down the page stated “In essence, our examination utilises knowledge about bio-magnetic resonance. This theory says that the human body, like any other live organism, emits electromagnetic waves within a unique range of frequencies. Since these signals are electromagnetic in nature, they can be detected by special devices. The presence of micro-organisms or pathological processes changes normal work of the cells and this changes waves' frequencies [sic] that they emit. Microbes and parasites also have their own range of electromagnetic waves. Read more about Bio Resonance Method”.
Issue
1. The complainant challenged whether the claims that the product could diagnose health and medical conditions could be substantiated.
2. The ASA challenged whether the ad discouraged essential treatment for conditions for which medical supervision should be sought.
Response
1 & 2. Y&M Holistic Clinic said they offered a second opinion to people looking to understand their body and its processes more deeply and from various angles. They said the ad suggested that those with some (listed) symptoms could benefit from extra knowledge of how their body worked. They said their practitioner obtained a Diploma in Holistic Diagnostics from BSY College and was a member of the Association of Holistic and Complimentary Practitioners (AHCP). They said during a consultation they collected a variety of information about a patient’s symptoms, such as previous conditions; information from a patient’s consultations with GP, specialists and other screening and instrumental tests if available; lifestyle; diet; and habits. Further, as part of their screening they used a device called “Sensitive Imago 100” as an aid to the practitioner. They explained it was manufactured by Alfa-Med Ukraine LLC and was CE certified as a “monitoring device for non-vital physiological parameters of the body”. They said they believed this meant the screening was capable of identifying health and medical issues mentioned in the ad. They said methods of holistic diagnostics allowed them to draw conclusions about those conditions listed in the ad, based on the information collected from the patient.
Y&M Holistic Clinic said the ad suggested that taking the screening was the first part of a lengthy process: “first step to improving your condition”. They said on their website they explained the difference between holistic and traditional medicine, that is, although they may identify certain individual high-level conditions, they would aim to address the overall well-being of the individual, rather than individual symptoms. They said they believed that the page did not discourage any treatment in the same way as taking any test did not diminish the need for addressing a condition. Moreover, they said when someone came for their first appointment at their clinic, they explained that they were a holistic practice, part of complementary and alternative medicine, and that they did not substitute or supersede a doctor’s advice. They also explained that their aim was to improve overall condition, rather than addressing any particular symptom on their own.
Y&M Holistic Clinic said they could not provide references to studies of efficacy of Holistic Diagnostics methods from BSY College or AHCP. They had relied on BSY College (est. 1946) and AHCP to ensure that Holistic Diagnostics was a viable complimentary practice. They said since Holistic Diagnostic was taught and practiced by such reputable organisations, they assumed they could rely on the content of the course and use that in providing clients with their opinion on their condition. They said information displayed on the web page in question was based on their understanding gained from the course materials and specification of the certified aiding device they were using. They had since become aware that the ASA’s requirements were not covered by the training their practitioner received. They also offered to amend their advertising so that it complied with the CAP Code.
Assessment
1. Upheld
The ASA considered consumers would understand that by listing the various conditions, the advertiser would be able to diagnose all of them using bio-magnetic resonance techniques. This was supported by the use of the surrounding text “What can a screening find?...” and “If so, early diagnostics - is the first step to improving your condition and improving your life. Our diagnosis allows to discover [sic] about your organism …”. The CAP Code required that such objective medical claims be backed by evidence. We noted the practitioner used a medical device as part of their diagnostic procedure that was CE marked. The CAP Code stated that medical claims may be made for CE-marked medical devices; however, we did not consider that certification of a medical device alone was capable of substantiating the claims made in the ad. Further, we did not consider that the practitioner having a Diploma in Holistic Diagnostics was adequate substantiation for such efficacy claims.
Notwithstanding our additional concerns about the qualifications of the practitioners as set out in point 2 below, because the advertiser did not provide adequate evidence to substantiate that bio-magnetic resonance techniques/devices could provide diagnoses of the various conditions listed, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) 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.
(Medicines, medical devices, health-related products and beauty products).
2. 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 of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional.
The ASA considered that heart conditions, arthritis, joint pain, back pain, diabetes, psoriasis, migraine and depression were such conditions and that consumers who had or might require diagnosis for such conditions should not be encouraged to respond to an ad unless they would then be seen by a suitably qualified health professional.
We considered that consumers would understand the ad to mean that Y&M Holistic Clinic offered diagnosis for those conditions. We noted the advertiser’s view that they did not advise that their service substituted or superseded doctor’s advice. However, we considered that this did not override the content in the ad which we considered offered diagnoses for those conditions.
We noted that the practitioner did not have a general medical qualification. We further noted the practitioner had a Diploma in Holistic Diagnostics from BSY College and was a member of the AHCP. However, we understood the practitioner was not a member of a body that had accreditation by a professional or regulatory body and therefore the practitioner’s credentials were unlikely to be suitable for the purposes of being deemed a suitably qualified health professional. Therefore, we considered the diagnoses offered by Y&M Holistic Clinic did not take place under the supervision of a suitably qualified health professional and, in the absence of such a professional, the ad could therefore discourage essential medical treatment by encouraging people with, or who suspected they might have, such conditions to respond to the ad. For those reasons, we concluded, therefore, that the claims breached the Code.
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 in its current form. We told Y&M Holistic Clinic not to make claims that they could diagnose specific conditions using bio-magnetic resonance techniques/devices, unless they held adequate evidence to support such claims. We also told Y&M Holistic Clinic not to state or imply that they could diagnose conditions that required medical supervision unless that diagnosis would take place under the supervision of a suitably qualified health professional.
