ASA Adjudication on Doctor Kabra

Ad

An ad in Bengali on Bangla TV said “Do you suffer from Leucoderma, Eczema, Psoriasis or Allergy?” Before-and-after photographs of people who suffered from leucoderma and who seemed, from the “after” photograph, to have been successfully treated were shown. On-screen text stated “To get medicine home delivered call 00 91 937 xxxx xxx. To meet in UK call 00 44 (0) 79504 xxxxx. UK Branches: London, East London, B’ham, L’cester. Email drkabra@hotmail.com

Issue

Monitoring staff challenged whether:

1.  Bangla TV had sought independent medical advice for a proper assessment of claims as required by rule 8.1.1;

2.  the ad gave the impression of professional advice;

3.  Dr Kabra provided a service that offered to prescribe or treat remotely;

4.  evidence substantiated the claim that Dr Kabra could successfully treat Leucoderma, Eczema, Psoriasis or Allergy sufferers;

5.  evidence substantiated the implied claim that Dr Kabra could cure Leucoderma, Eczema, Psoriasis or Allergy sufferers.

BCAP TV Code

Response

Bangla TV explained that while their compliance officer was away another member of staff cleared the ad for broadcast.  In the meantime, they asked Dr Kabra to submit the substantiation documents. Dr Kabra promised to send them within 24 hours.  But, when he did not, Bangla TV stopped broadcasting the ad.  Bangla TV claimed that removing the ad within two days proved that they wanted to rectify their mistake.  They expressed their deep regret for the mistake and promised not to make such a mistake again.  They said they would be more cautious in controlling and managing their ads in future.

Dr Kabra asserted that his work was presented and peer-reviewed by a World Homeopathic Congress in 1996. He asserted that his work was acknowledged and he was awarded the "Poster with Best Scientific Contents".  He contended that the World Homeopathic Congress was the highest professional body of Homeopaths and had existed for more than 70 years.  He asserted that the before-and-after photographs were genuine.  He added that based on his 22 years experience, he refused to treat unsuitable patients.

Assessment

1. Upheld

The ASA noted Bangla TV had not sought independent medical advice for a proper assessment of claims as required by rule 8.1.1.  We considered that the ad breached the Code.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 8.1.1 (Assessment of claims).

2.  Upheld

We considered that the references to "Dr" Kabra, Global Awardee Researcher Dr Kabra, M.D. (Hom)" and Dr Kabra, M.D. (Hom) conducts surgeries" implied professional advice and support for Dr Kabras treatments.  

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.1.2 (Impressions of professional advice and support).

3. Upheld

We noted the ad offered To get medicine home delivered call 00 91 937 xxxx xxx" and that Dr Kabras "surgeries" would available on only six days in 2009.  We considered that he offered to prescribe and treat patients remotely.  That is prohibited by the Code.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.1.3 (Medical or health advice given remotely).

4. Upheld

Because we had not received evidence to substantiate the claims or the before-and-after photographs, we considered that the ad was misleading.

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleadingness), 5.2.1 (Evidence) and 5.4.4 (Testimonials).

5. Upheld

We noted that words, phrases or illustrations that claim or imply the cure of any ailment, illness, disease or addiction, as distinct from the relief of its symptoms, are unacceptable.  We considered that the ad implied Dr Kabra could cure Leucoderma, Eczema, Psoriasis or Allergy sufferers.  

The ad breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.9 (Cure).

Action

We concluded that the ad must not be shown again in its present form and that the product should not be advertised without adequate substantiation for the claims made for it.  

We noted we had already reminded Bangla TV of their responsibility to ensure that transmitted advertisements complied with the Code.  We were extremely concerned that Bangla TV had broadcast an ad that breached the same rules as those cited in other adjudications against them.  We considered that that demonstrated that Bangla TV were not learning from their mistakes and showed a complete disregard for the Code and their obligations as an Ofcom licensee.  We warned Bangla TV that any other breach of the Code would result in a referral to Ofcom for consideration of statutory sanctions.

Adjudication of the ASA Council (Broadcast)