Background
Summary of Council decision:
Three issues were investigated, all of which were upheld.
Ad description
A website, www.sustainablehealth.org.uk , for ResoMed "The Institute of Resonance Medicine", featured a newsletter that stated "Most symptoms of pain and/or dysfunction are caused by chronic infections and the resulting inflammation. These as well as psychological symptoms can be attributed to toxic metal contamination in most cases. Therefore our initial focus is a safe and thorough detoxification of metals and xenobiotics (man-made industrial toxins) with natural (herbal) chelation therapy, combined with anti-inflammatory treatments using plant-based antimicrobials". Further text stated "One of our latest additions has been the introduction of special energiser chips and plates which provide unique protection from both geopathic and electromagnetic stress (EMS) such as from mobile phones, the use of laptops or EMS in the sleeping location. These are the only devices for that purpose which we have found to work consistently and they are equally effective as sleep sanctuaries at a much lower cost".
Text on the page headed "The ResoMed Clinic" stated "During the initial consultation with Dr Zieger (90 minutes), patients are offered a comprehensive health check including:heart rate variability (HRV)-testing, as well as a kinesiological evaluation of their regulation capacity (the state of the autonomic nervous system - the immune system - the body's capacity to heal itself) ... ".
Issue
Stephen Barrett, MD, operator of quackwatch.org, challenged whether the following claims were misleading and could be substantiated:
1. "Most symptoms of pain and/or dysfunction are caused by chronic infections and the resulting inflammation. These as well as psychological symptoms can be attributed to toxic metal contamination in most cases";
2. "One of our latest additions has been the introduction of special energiser chips and plates which provide unique protection from both geopathic and electromagnetic stress (EMS) such as from mobile phones, the use of laptops or EMS in the sleeping location"; and
3. " ... patients are offered a comprehensive health check including: ... a kinesiological evaluation of their regulation capacity (the state of the autonomic nervous system - the immune system - the body's capacity to heal itself)".
Response
ResoMed Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by ResoMed's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.
We had not seen any evidence to demonstrate that pain, dysfunction and psychological symptoms were attributed to toxic metal contamination in most cases; that special energiser chips and plates provided unique protection from geopathic and electromagnetic stress; nor that the advertised service could provide an evaluation of the body's capacity to heal itself. In the absence of robust documentary evidence to support those claims, we considered that they had not been substantiated and were therefore misleading.
On points one, two and three, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
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) and
12.1
12.1
Objective claims must be backed by evidence, if relevant consisting of trials conducted on people. Substantiation will be assessed on the basis of the available scientific knowledge.
Medicinal or medical claims and indications may be made for a medicinal product that is licensed by the MHRA, VMD or under the auspices of the EMA, or for a CE-marked medical device. A medicinal claim is a claim that a product or its constituent(s) can be used with a view to making a medical diagnosis or can treat or prevent disease, including an injury, ailment or adverse condition, whether of body or mind, in human beings.
Secondary medicinal claims made for cosmetic products as defined in the appropriate European legislation must be backed by evidence. These are limited to any preventative action of the product and may not include claims to treat disease.
(Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We referred the matter to the CAP's Compliance team.
