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ASA Adjudication on Fitalifestyle Ltd

Fitalifestyle Ltd

1 Harley St (Suite GR2)
London
W1G 9QD

Date:

2 November 2011

Media:

Internet (on own site)

Sector:

Health and beauty

Number of complaints:

1

Complaint Ref:

A11-156679

Ad

Claims on a webpage for nutritional microscopy in April 2011 stated: "How can nutritional microscopy benefit me? Answer: Nutritional microscopy provides an insightful view of the biological terrain and is an alternative medical examination routinely utilized by holistic, osteopathic, chiropractic and naturopathic physicians as well as other health care professionals around the world. The Microscopist and client together view the characteristics of the client's blood on a video screen. This information can assist you by: Showing patterns of disorganization and correlation those pattern to potential health challenges in the body in the body [sic]; Showing form and function of red/white blood cells and plasma; Monitoring your specific condition; before and after any health program/regiment thereby taking the guesswork out of determining diet effectiveness and the selection of appropriate foods and drinks; Gives an early warning of possible upcoming health challenges and therefore time to take action; Can help practitioner faster to arrive at a diagnosis; Can be used to maintain ‘Wellness’ and avoid ‘Sickness’; ... Can be used as ‘Preventative’ Medicine to avoid degenerative disease associated with ageing ... Question: What phenomenon can be observed? Answer: Relative level of acidity in the body fluid and the effects these acids have on the body. Relative activity of the immune system and condition; of the Red Blood Cells; General organ ‘stress’; Presence of parasites, bacteria, yeast fungus, and mold; Blood sugar imbalances; Malabsorption of fat, proteins and other nutrients; Crystalline forms of morbid matter, acids, cholesterol, and mycotoxins; Degenerative stress and gastrointestinal tract dysfunction".

Issue

The complainant challenged whether the efficacy claims made for the test were misleading and could be substantiated.

CAP Code (Edition 12)

Response

Fitalifestyle Ltd (Fitalifestyle) did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by Fitalifestyle's lack of response and apparent disregard for the Code which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

 

We considered that the claims that nutritional microscopy – the observational analysis of blood samples – could monitor the biology of the human body and thereby pre-empt, diagnose, monitor and prevent medical conditions, accelerate diagnoses, assess the effectiveness of diets and maintain well-being were breakthrough claims that required a body of robust scientific evidence, such as clinical trials conducted on people, in order to substantiate them.

 

We noted, however, that Fitalifestyle had not responded to our enquiries and that we had therefore not received any evidence in support of the claims. In the absence of such evidence we concluded that the claims had not been substantiated and were misleading.

 

The claims breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.1 (Medicines, medical devices, health-related products and beauty products).

Action

The claims must not appear again in their current form.

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