Ad description

A website www.londonvisionclinic.com was titled "Professor Dan Reinstein" and included information about his professional and educational background.

Issue

My Beautiful Eyes challenged whether the "Professor" title and the claim "... and holds professorships in New York and Paris" was misleading and could be substantiated.

Response

London Vision Clinic believed the use of the "Professor" title and the references to professorships in New York and Paris were accurate and that the titles were still current. They believed that consumers would not automatically assume the use of the title "professor" related to a professorship in the UK and that they would appreciate the fact that academic qualifications transcended national borders and that it was not uncommon for members of academia to hold multiple professorships from institutions in several countries. They believed the professor title was clearly qualified in accompanying text.

With regard to the New York Professorship, they said the title held was of "Adjunct Professor", which meant that the individual had been appointed as a Professor by the Provost of the University and that they taught at the institution on a part-time basis (because of having commitments elsewhere). However, they believed it was not indicative of a lesser degree of qualification, expertise or status. They provided a letter from Columbia University (New York) which they believed attested to Professor Reinstein's title and which confirmed that those individuals who held the Adjunct Professor position were entitled to use the "Professor" title. They did not believe consumers would expect the use of the professor title to imply that Dan Reinstein taught and performed as a professor on a full-time basis and that it was clear that Mr Reinstein was performing his duties as an ophthalmic surgeon at their London clinic.

With regard to the Paris Professorship, they referenced a recent letter (written in response to the ASA Investigation) from Centre Hospitalier National D'opthalmologie (Paris) in which they confirmed that Professor Reinstein's title from the Universitie Paris IV was current because under French tradition, such titles stayed with individuals for life.

They provided the referenced letters from Columbia University Medical Centre and Paris University along with a full copy of his CV, General Medical Council registration, National Institute of Health research grant confirmation and information relating to his contribution to research and teachings at medical faculties, conferences and courses.

Assessment

Not upheld

The ASA considered that consumers who were considering corrective eye surgery would visit the page in the ad in order to satisfy themselves that the individual carrying out that surgery was qualified and experienced enough to do so. We understood the "Professor" title was not protected and considered that its use was therefore not restricted to current positions or those positions held only in the UK. However, we equally considered that in order for its use not to be misleading, evidence would need to demonstrate the title was genuine and its use in the ad would have to be presented in such a way that it did not exaggerate the experience or qualifications of the holder with regard their position as an ophthalmic surgeon.

Text in the body of the ad stated "Prof Reinstein graduated from Cambridge University, and his postgraduate qualifications include an MA, MB BChir and MD. He is a board-certified ophthalmologist in the USA and Canada, and holds professorships in New York and Paris". The ad also provided detailed information about Dan Reinstein's academic qualifications and clinical experience and gave visitors the opportunity to download and view his full 106-page CV which expanded on the New York and Paris professorships and stated "Professor Reinstein was appointed full Professor of Ophthalmology at the University of Paris IV, France, and has an ongoing appointment as Professor Associe at the Centre Hospitalier National D'Opthalmologie des Quinze-Vingts, Paris, France's national ophthalmological referral centre where he consults with Professor Laurent Laroche He was appointed Clinical Professor of Ophthalmology at Columbia University, New York in December 2010".

We considered that in the context of the ad in its entirety, consumers would understand that Dan Reinstein's title was in relation to teaching positions held in New York and Paris. Evidence from the advertiser demonstrated Dan Reinstein was a current member of Columbia University (acting as an Adjunct Professor) and that he was therefore permitted by the University to use the Professor title. Evidence from the Centre Hospitalier National D'Opthalmologie demonstrated that he was appointed as Professor of Ophthalmology at University Paris VI from 1999 to 2000 (and continued to teach on Refractive Surgery at the University as well as being involved in clinical research) and that, under French custom, the Professor title continued for life.

Because the Professor titles had been awarded from Universities that endorsed its on-going use and because the ad made clear the nature of that title, we considered that its use in this context did not exaggerate the qualifications and expertise of the surgeon and therefore concluded that the ad was not misleading.

We investigated the ad under CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation), but did not find it in breach.

Action

No further action required.

CAP Code (Edition 12)

3.1     3.7    


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