ASA Adjudication on bristol-reflexology.co.uk
bristol-reflexology.co.uk
Flat 4
67 Cranbrook Road
Redland
Bristol
BS6 7BS
Date:
30 November 2011
Media:
Internet (on own site)
Sector:
Health and beauty
Number of complaints:
2
Complaint Ref:
A11-162222
Ad
A website, seen on 24 May 2011, advertised reflexology services. The home page stated, "Reflexology is a complementary therapy which treats the whole body through reflexes in the feet or hands. These reflex points relate to the organs, glands and all parts of the body. In applying pressure to these points blockages are cleared and the body's natural healing abilities encouraged".
A page titled "About Reflexology" stated, "Benefits of Reflexology include: - Strengthens immune system - Assists the body in eliminating toxins - Improves blood circulation - Relaxes, balances and harmonises the body ... Reflexology can be used in the treatment and relief from: - Arthritis - Asthma & allergies - Back pain - Cancer* - Cystitis - Digestive disorders and IBS - Eye & ear disorders - Endometriosis - Hormonal imbalances - Infertility & subfertility - Migraines & headaches - Mild & chronic illnesses - Polycystic Ovary Syndrome - Post-operative recovery - Skin disorders - Sleep disorders & lack of vitality - Sporting injuries / muscular aches - Stress-related conditions *For people suffering from Cancer, initial studies show that Reflexology may be helpful in relieving pain and nausea, promoting relaxation and improving quality of life".
A page titled "Maternity Reflexology" stated, "Reflexology has an excellent reputation in helping couples overcome fertility challenges. Maternity Reflexology can aid conception by assisting in balancing the body's systems, regulating menstrual cycles ... This helps to create the peak environment for conception, both physically and emotionally ... Many women seek the help of a Reflexologist if they pass over their due date and want to avoid a hospital induction. I will work certain points on the feet to gently encourage the body to go into labour naturally ... Hormonal imbalances, lack of sleep, breast-feeding problems, frustration and fatigue can all take their toll on the new family. A Reflexology treatment can be wonderful at this time, as well as helping with other conditions associated with the post-natal period. This can include help with: - Balancing hormones - Calming & relaxing mother and baby - Inadequate lactation - Infections - Low energy levels & immune system - Post-natal depression - Recovery following Caesarian Section or other birth-related procedures ... Reflexology naturally and simply eases some of the following discomforts: - Anxiety - Back pain - Constipation - Digestive problems - Emotional disturbances - Fatigue - Fluid retention - Heartburn & acid reflux - Hyperemesis (persistent vomiting) - Indigestion - Insomnia - Mood swings - Nausea and morning sickness - Sciatica - Symphysis Pubis Dysfunction".
A page titled "Your Reflexologist" contained testimonials for Bristol-reflexology.co.uk, with statements such as "I would strongly recommend Reflexology sessions with Tamsin for any medical problems, or even just to relax", "Reflexology has helped to ease some of my specific problems, such as headaches and neck/shoulder pain" and "I have since discovered I have an over-active Thyroid, and Tamsin worked on this in conjunction with the PTU meds prescribed by the specialist. I have had a quick response to the medicine and my Thyroid levels are now back within the recommended levels".
Issue
The Nightingale Collaboration and a complainant challenged whether:
1. the claims that reflexology could treat and assist the conditions listed on the "About Reflexology" page; and
2. the claims that reflexology could treat and assist with the fertility and maternity problems on the "Maternity Reflexology" page
were misleading and could be substantiated.
3. The Nightingale Collaboration also challenged whether the website discouraged essential treatment for conditions for which medical supervision should have been sought.
4. The ASA challenged whether the efficacy claims in the testimonials could be substantiated.
CAP Code (Edition 12)
Response
Bristol-reflexology.co.uk said they had no intention to mislead and upon receiving notification of the complaint, amended their website to address the issues raised.
1. Bristol-reflexology.co.uk said that based on their client work and discussions with other reflexologists they believed reflexology could help with the conditions listed. They said treatment was always encouraged alongside medical supervision and, if applicable, medical treatment. They provided abstracts for three studies: "Reflexology for cancer patients"; "Reflexology and Asthma"; and "Reflexology and Migraine"; and said there were numerous other studies on reflexology.
2. Bristol-reflexology.co.uk said many pregnant women sought the help of a reflexologist if they had passed their due date or if they were having trouble conceiving, and often went on the recommendation of friends who had done the same, or of their birthing group or doctor. They said they chose the words "encourage the body to go into labour" carefully because it was not something that would happen every time. They said there had been research into reflexology and labour, and said three studies had shown that labour times were shorter with reflexology, and with less pain relief required.
3.Bristol-reflexology.co.uk said they did not intend to be misleading and that they were willing to amend their website to state "Reflexology should not be used as an alternative to seeking medical advice".
4. Bristol-reflexology.co.uk said they did not feel the claim required substantiation because testimonials were simply statements from clients about their experiences with reflexology. They said that in one case a client even mentioned that she was having medical supervision and medication alongside reflexology.
Assessment
Upheld
1. The ASA noted that abstracts of studies had been submitted as substantiation for the efficacy claims, not full studies. Because we had not seen the full studies, we considered we were unable to verify the efficacy claims made in the ad. We therefore considered the claims had not been substantiated and concluded they were misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.47 (Testimonials), 12.1, 12.2 and 12.6 (Medicines, medical devices, health-related products and beauty products).
2. Upheld
We noted pregnant women might seek reflexology when they were pregnant and may have had it recommended by others. However, we noted we had not seen robust scientific evidence that reflexology could treat and assist fertility and maternity problems, noting we had only received explanations from Bristol-reflexology.co.uk of the research into reflexology and labour, not copies of scientific research. Because of that, we concluded the claims had not been substantiated and were misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.47 (Testimonials), 12.1, 12.2 and 12.6 (Medicines, medical devices, health-related products and beauty products).
3. Upheld
We noted a number of the conditions listed on the website were serious conditions for which medical supervision should be sought, such as arthritis, cancer and infertility. We were concerned that by stating reflexology could assist with those conditions, the site might discourage some individuals from seeking medical advice when it was required. We considered that adding a disclaimer such as "Reflexology should not be used as an alternative to seeking medical advice" contradicted rather than clarified the text, and therefore did not consider that was sufficient to ensure individuals were not discouraged from seeking medical advice.
On this point the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.47 (Testimonials), 12.1, 12.2 and 12.6 (Medicines, medical devices, health-related products and beauty products).
4. Upheld
Whilst we noted the testimonials may have been genuine opinions from clients, we noted we had not seen objective evidence that reflexology was able to have the benefits those clients claimed it could. We therefore concluded that the efficacy claims in the testimonials had not been substantiated.
On this point the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.47 (Testimonials), 12.1, 12.2 and 12.6 (Medicines, medical devices, health-related products and beauty products).
Action
The claims must not appear again in their current form. We told Bristol-reflexology.co.uk not to repeat the efficacy claims above that had not been substantiated.
