ASA Adjudication on ExtraLife Ltd

Ad

A press ad for a Left Ventricular Assist Device (LVAD) was headlined "NEW HOPE FOR PEOPLE WITH HEART FAILURE". Smaller text stated: "Did you know that in the UK there are approximately 65,000 new cases of heart failure diagnosed each year, with around 669,000 people currently living with the disease? If you are one of these people, we can help you." The text continued: "In addition to providing a comprehensive range of treatments for people with heart problems, for those with end-stage heart failure we also offer a pioneering operation that is not available on the NHS." It described the LVAD as "a small pump that is an alternative to a donor heart, which is permanently implanted". There was a photo of the device on the palm of a hand.

Issue

A doctor questioned whether:

1. the ad was misleading because the LVAD was offered on the NHS; and

2. the ad was misleading and irresponsible because it implied that the device would help people with heart failure, because the complainant asserted that there were many types of heart failure and that the device was helpful only in a small number of cases.

CAP Code (Edition 11)

Response

ExtraLife Ltd (ExtraLife) said they were a referral company for self-paying and insured patients, providing patients with access to medical specialists for the diagnosis and treatment of heart-related diseases.  They explained that they undertook marketing activities for treatments offered by consultants and surgeons, and liaised with them on the patient's behalf.  They stated that the ad referred specifically to the treatment given by a world-renowned cardiac surgeon, that was available to private patients only.  This treatment was a permanent implantation of the LVAD and was offered only to patients who were ineligible for a transplant.  They said LVADs were available on the NHS for temporary implantation only, where the device was removed after a short period of time.

They believed readers would understand that the treatment they offered was only suitable for 'end-stage heart failure' patients as an alternative to a donor heart and that it was not suitable for a large proportion of patients with heart failure.  They stated the majority of patients self-referred, looking for a second opinion, although they also received referrals from medical professionals. They said they encouraged all patients to speak to their GP about any medical concerns or treatment considerations and provided medical support, including immediate access to a clinician if required.  They said they communicated regularly with GPs and consultant cardiologists and that any prospective patient passed through a number of assessment and consultancy stages before suitability was determined.

Assessment

1. Upheld

The ASA acknowledged that, although the LVAD was available on the NHS as a temporary replacement procedure, the operation offered by the advertiser was a permanent implant treatment available to patients ineligible for a heart transplant.  We acknowledged that this particular permanent implant operation was not available on the NHS.  However, we noted that the ad did not specify the conditions of the non-NHS operation, but referred to "a pioneering operation".  As the main content and picture in the ad featured the LVAD, we considered it was likely that readers would understand that the ad referred to general LVAD implant treatments available.  Because some LVAD implant treatments were available on the NHS, we considered it would not be clear that the operation advertised specifically meant a permanent implant operation for heart transplant ineligible patients.  We concluded that the ad was misleading on this point.

On this point the ad breached CAP Code clauses 2.1, 2.2 (Principles), 3.1 (Substantiation), 7.1 (Truthfulness), 50.1, 50.3, 50.4, 50.6 (Health and beauty products and therapies).

2. Upheld

We noted that the ad was headlined "New hope for people with heart failure" and addressed itself to the "669,000 people" currently living with heart failure, with the line "if you are one of these people, we can help you".  We acknowledged that while the ad referred to a comprehensive range of treatments for people with heart problems, its main content and focus concerned treatment involving the LVAD.  We considered readers were likely to understand from the ad that the LVAD could be commonly involved in more general treatments for heart failure, whereas the treatment offered by ExtraLife in the ad and involving the LVAD was quite specific and likely to be suitable for a limited number of patients only.

Although we acknowledged that ExtraLife encouraged prospective patients to consult their GP and medical experts, we considered that readers may not immediately understand from the ad itself that the operation advertised was a specialist operation likely to be suitable for a limited number of heart failure patients.  Because the headline addressed the ad to all people currently living with heart failure and because the "pioneering operation" involving the LVAD would be helpful in a small number of cases only, we concluded that the ad was misleading on this point

On this point the ad breached CAP Code clauses 2.1, 2.2 (Principles), 3.1 (Substantiation), 7.1 (Truthfulness), 50.1, 50.3, 50.4, 50.6 (Health and beauty products and therapies).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)