ASA Adjudication on Geo TV UK

Ad

GEO TV broadcast several ads for clinics in a mixture of English and Urdu. Ad (a) featured Doctor Nasrullah Khan MD and showed him examining children. The voice-over said “Child specialist”. A female doctor was treating a man with electrodes attached to his chest. Several families were sitting in a large waiting room. Doctor Bhambliani MD, Interventional Cardiology, conducted an operation in which he placed a stent in a patient’s heart. The voice-over said “stent placement or angioplasty” over X-ray pictures of an angiogram. The doctor inserted a catheter into the patient. Another doctor listened to a man’s chest. The voice-over said “Complete medical centre, check-up” while the ad showed pictures of a heart monitor and an operating theatre. The voice-over said “Insurance plans” while the ad showed the logos of several medical insurance companies. The ad ended with the addresses of three clinics in New York. Ad (b) for the same clinic also featured Doctor Nasrullah Khan MD and showed him examining children. The voice-over said “Child specialist”. A female doctor was treating a man with electrodes attached to his chest. Several families were sitting in a large waiting room. Several doctors were standing outside the practice. The voice-over said “Complete medical centre, a dedicated team of doctors”. The ad showed the doctors examining their patients and the voice-over said “Doctor Nasrullah Khan MD (child specialist), Doctor Nehreen Mahmoon MD (internal medicine), Doctor Ella MD (child specialist), Doctor Raheela Pervaiz M.D. (internal medicine), Doctor Siddique M.D. (kidney specialist), Doctor Bhambhani MD (heart specialist), professional expert in camera. A wide range of specialities and services under one roof.” The ad showed a baby receiving an injection and a child being treated for asthma. Ad (c) featured children being pushed on swings, a baby being weighed, a young boy having his height measured, another boy having his throat examined, a girl having her ear examined, a doctor giving a baby an injection and giving another child some medicine. The ad showed a doctor during a consultation and then listening to a baby’s chest. The voice-over said “Dr Uzam Iqbal, MD Child specialist. Valley Stream office. Phone xxx xxxx”. Ad (d), for Prime Medical, said “After United Medical’s great success, now under Doctor Ahsan Ullah’s supervision Prime Medical Care, Brooklyn’s biggest centre for treatment of various pains. For all kinds of exercise, physical therapy, latest machines, latest technology is available. [Patients were shown using exercise equipment]. For ladies, there are lady doctors and lady therapists available. For back, shoulder, knee and muscle pain [People were shown suffering from neck or back problems at home and at work]. Stomach or losing weight, polio, paralysis, bones and joints. All kinds of insurances are acceptable. Treatment can be done without changing your primary doctor.” The ad featured doctors treating or examining their patients. The ad ended with a group photograph of the doctors. Ad (e) said “Laser hair removal and skin care clinic. Highly qualified Doctor Uzam Iqbal MD, laser specialist.” The ad featured Doctor Uzam Iqbal giving a consultation and treating her patients with a laser. The voice-over said “Laser medical technology: for complete treatment of ageing spots, facial veins, spider veins, wrinkles, acne and sunspots. Enhance your beauty through advanced medical laser technology with Dr Uzam Iqbal, MD, laser specialist, Valley Stream, New York”. Ad (f), for the same practice, said “We treat acne, dark circles, oily skin and face marks through modern scientific methods like microdermabrasion, chemical peel and glycolic peel. Have a youthful glow on your face. Doctor Uzam Iqbal MD, laser specialist.” The ad featured Doctor Uzam Iqbal giving a consultation and treating her patients. Ad (g) for Maaz Pharmacy said “Brooklyn, New York, Coney Island. Prescription medicine, general medicines, medical, surgical, household, cosmetics and beauty products, natural food supplements, vitamins or minerals, electronics or home appliances.” The ad showed exterior and interior shots of the pharmacy. The interior shots showed a shelf of various pain relief medicines including Advil, Aleve and Tylenol. A pharmacist was dispensing Levaquin and a logo for Augmentin was visible on the counter.

Issue

Monitoring staff challenged whether:

1. the ads implied professional advice and support because they featured doctors and a pharmaceutical chemist;

2. lasers were complete treatment for ageing spots, facial veins, spider veins, wrinkles, acne and sunspots;

3.  the Maaz Pharmacy ad (g) advertised prescription-only medicines;

4.  the Maaz Pharmacy ad (g) should have included mandatory information for the featured medicinal products;

5.  broadcasting ads (b) and (c) before 9.00 pm breached the code.

BCAP TV Code

BCAP TV Scheduling Code

Response

1.  GEO TV stated that the ads complied with the law of the jurisdiction in which they were targeted and were self-evidently not targeted at UK viewers.  They believed it was unrealistic to judge their advertisements by UK standards.  They believed the ads merely advertised the available services; they asserted that the doctors would give any advice and recommendations to the individual patients.  They asserted that the wearing of white coats, stethoscopes and giving treatment to patients could not imply professional advice or recommendations unless the ads referred to professional advice or recommendation and they did not.

2.  GEO TV submitted a photocopy of a certificate to demonstrate that Dr Uzma Iqbal had obtained training in microdermabrasion.  They submitted no evidence to substantiate the claim that lasers were complete treatment for ageing spots, facial veins, spider veins, wrinkles, acne and sunspots.

3.  GEO TV said the reference to Augmentin was incidental and was, they believed, meaningless to viewers.  They said the ad was not for Augmentin and did not refer to the benefits of the product.  GEO TV did not comment on the reference to Levaquin.

4.  GEO TV stated that the references to Advil, Aleve and Tylenol were incidental and only eagle-eyed viewers would spot them.  They believed the references were meaningless to viewers.  They explained that, the ad did not advertise the products on behalf of the manufacturers and did not refer to the benefits of the products.  They considered that, because it was not for Advil, Aleve or Tylenol, the ad did not have to provide the mandatory information.

5.  GEO TV did not comment.

Assessment

The ASA considered that GEO TV had chosen to hold an Ofcom licence for its broadcasts and therefore must abide by the requirements of the relevant codes.

1. Upheld

The ASA considered that the doctors and pharmaceutical chemist who appeared in the ads implied professional advice or recommendations.

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

2. Upheld

Because we had not received evidence to substantiate the lasers effectiveness, we considered that ad (e) was misleading.

The ad (e) breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).

3. Upheld

We understood that Augmentin and Levaquin were prescription-only medicines.  We considered that the ad advertised those medicines and that, because prescription-only medicines may not be advertised, ad (g) breached the code.

The ad (g) breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.1 (Unacceptable products and services).

4. Upheld

We noted Advil, Aleve and Tylenol were medicinal products.  We considered that the ad advertised these products and should have included the name of the active ingredient, the indication and a warning to "always read the label".  Because that information was missing, we considered that ad (g) breached the code.

The ad (g) breached CAP (Broadcast) TV Advertising Standards Code rule 8.2.4 (Mandatory information).

5. Upheld

We considered that ads (b) and (c) showed children having medicine administered to them.  Because they had been shown before the watershed, we considered that those ads breached the code.

Ads (b) and (c) breached CAP (Broadcast) rules on scheduling of TV Advertisements 4.2.4 (i) (Post-watershed).

Action

We concluded that the ads must not be shown again in their present form and that efficacy claims for laser treatment should not be made without adequate substantiation for them.  We reminded GEO TV of its responsibility to ensure that transmitted advertisements complied with the Code.

Adjudication of the ASA Council (Broadcast)