ASA Adjudication on Spinal Health Centre

Ad

A regional press ad, for an Osteomyologist, was headlined “’A Doctor’s Confession to Swindon…’ And why, despite all, I still do what I do…. The text continued “ … Several years ago something happened to me that changed my life forever. Let me tell you my story. Back then I had just finished my first degree and was looking for a vocation … I myself had had a history , going back to childhood, of varying health conditions, ranging from chronic ear aches/sore throats, headaches and debilitating migraines … My mother who herself had been suffering from a lifetime of migraines had, in a relatively short period of time, been getting great results from a local chiropractor. She suggested not only getting a check-up because of an ongoing history of similar symptoms, but consider it as a possible career … It works so well for me, and I’m so impressed with the results I see in his office … that I eventually go to chiropractic school myself … people come to see me with their health problems. They come to see me with their headaches, migraines, neck pain, shoulder/arm pain, whiplash from car accidents, backaches, ear infections, asthma, allergies, numbness in limbs, athletic injuries just to name a few … My confession is that I’ve never healed anyone of anything. What I do is perform a specific spinal adjustment to remove nerve pressure and the body responds by healing itself. We get tremendous results. It’s as simple as that! … For Optimal Health, Dr. Paul Marshall ...”.

Issue

1.The General Chiropractic Council (GCC) noted Dr Paul Marshall was no longer listed on the GCC's Register of Chiropractors and that he did not appear on the GMC's List of Registered Medical Practitioners.  They objected that ad misleadingly implied that Dr Marshall was a registered medical practitioner or a medically qualified specialist such as a chiropractor.

The ASA challenged whether the ad:

2. implied that Dr Marshall could treat serious medical conditions such as migraine; and

3. encouraged treatment of serious or prolonged medical conditions without suitable medical qualifications.

CAP Code (Edition 11)

Response

1. Dr Paul Marshall, on behalf of the Spinal Health Centre, explained that the "confession" was based on a template, but that his was a chronologically true summary of the events he had experienced.  He believed the ad made clear that he was a spinal specialist and not a medical doctor or chiropractor. He said "Dr" was an honorary title that he was entitled to use because he had a masters degree in chiropractic.  He supplied copies of his degree certificates.

2. & 3. He provided the text of abstracts and case studies, taken from the International Chiropractic Pediatric Association's website, relating to the chiropractic treatment of: whiplash; migraine; otitis media; asthma; and chronic obstructive pulmonary disease. He also provided the text of study results on the immune system that were reported in the The Chiropractic Journal.  He pointed out that the British Chiropractic Association (BCA) website stated that chiropractic treatment could help whiplash and that the GCC website included a leaflet titled "Why might I go to a Chiropractor?" that referred to asthma, migraine and sports injuries.  He believed this showed that it was accepted that chiropractic treatments could help the listed conditions.

Assessment

1. Upheld

The ASA noted Paul Marshall was formerly registered as a chiropractor with the GCC and that now he was registered as an Osteomyologist.  We understood that trained chiropractors who were not registered with the GCC were legally prohibited from describing themselves as Chiropractors. We considered that the headline "A Doctor's Confession ...", the text "I see myself very much as a Wellness Doctor ..." and the use of the title "Dr" gave the impression that Paul Marshall was a registered medical doctor.  Because he was not, and because he was no longer registered with the GCC, we concluded that the ad could mislead.      

On this point, the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

2. & 3. Upheld

We noted Paul Marshalls comments and the information he had supplied.  We understood that, as an Osteomyologist, Paul Marshall was not subject to statutory regulation and was not required to hold an entry qualification beyond a degree in a physical medical discipline such as Chiropractic or Osteopathy.  We noted the CAP Code specified that ads should not offer advice on, diagnosis of or treatment for serious ailments like migraine unless it was conducted under the supervision of a doctor or a suitably qualified health professional.  Although we noted Paul Marshall used to be a member of the GCC and had trained in chiropractic, we nevertheless considered that, because he was not a medical doctor and because, as an Osteomyologist, he was not subject to regulation by a statutory or recognised medical or health professional body, the ad should not have referred to serious medical conditions such as migraines or  to prolonged conditions.  

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 50.1 and 50.3 (Health & Beauty products and therapies).

Action

We told the Spinal Health Centre not to repeat the approach.

Adjudication of the ASA Council (Non-broadcast)