ASA Adjudication on Ellerman Healthcare

Ad

A regional press ad, for Ellerman Healthcare. Text stated "ATTENTION!!! Are you suffering from: OSTEOARTHRITIS? DIABETES? RHEUMATIC ARTHRITIS? SCIATICA? SPONDYLOSIS? The government is pledged to give financial assistance to all who suffer from the above medical conditions. DON'T MISS OUT on the chance of pain relief and more comfort in life ... Ellerman Healthcare A Not for Profit Organisation".

Issue

The complainant challenged whether the ad misleadingly implied:

1. that it was by a government department or similar authority; and

2. consumers suffering from the conditions listed could receive financial assistance and did not make clear the nature of the service.

The ASA challenged whether:

3. the ad was irresponsible and likely to discourage readers from seeking qualified medical advice by offering advice on treatment for serious medical conditions;

4. Ellerman Healthcare could treat all the conditions listed; and

5. the claim "Not for Profit Organisation" was misleading and could be substantiated.

CAP Code (Edition 11)

Response

Ellerman Healthcare (Ellerman) did not respond to the ASAs enquiries.

Assessment

Upheld

The ASA was concerned by Ellerman's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their obligations under the Code and told them to respond promptly in future.

1. Complaint not upheld

We considered that, although the ad made reference to financial assistance from the government, the ad clearly stated "Ellerman Healthcare" and it was clear that the ad was for a third party and was not placed by the government or a similar authority.

On this point, we investigated the ad under CAP Code clause 7.1 (Truthfulness) but did not find it in breach.

2., 3., 4. & 5. Complaints upheld

We considered that, in the absence of any response or substantiation, the claim "Not for Profit Organisation" was misleading.  We understood from the complainant that Ellerman claimed to offer pain relief for the conditions listed through use of a massage machine.  We considered that the ad did not make clear the nature of the service Ellerman provided and misleadingly implied consumers suffering from the conditions listed could receive financial assistance from the government through them. We also considered that the ad was irresponsible and likely to discourage readers from seeking qualified medical advice by offering advice on treatment for serious medical conditions and misleadingly implied that Ellerman could treat all the conditions listed.

On points 2, 3, 4 & 5, the ad breached CAP Code clauses 2.2 (Responsible advertising), 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness) and 50.3 (Health & beauty products and therapies).

Action

We told Ellerman to withdraw the ad with immediate effect and to seek guidance from the CAP Copy Advice team before advertising again. We asked CAP to inform its media members of the problem with them.

Adjudication of the ASA Council (Non-broadcast)