Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad description

The website www.health-disk.com, which linked through to an online shop, www.naturalhealingsolutions.co.uk, seen on 12 January 2017 included several products. One product was entitled “Bespoke e-Lybra Treatment” and the product information stated “This is a bespoke homeopathic-like bioresonance formulation based on the BioData you provide that is used to match remedy signatures on a biofeedback basis … A distance treatment is given by the process of running the programme … You will need to provide the following BioData … for whatever individual requires a bioresonance formulation, eg. [sic] horse, dog, cat, person etc … A session can be directed towards helping support recovery from certain symptoms or can be used as a general support for maintenance purposes … The resultant remedy can be sent out as a bottle of programmed soft tablets or on a programmed e-Pendent or e-Pebble … The formulation should be stable in the e-P for about 3 months after which time it will need to be re-programmed with either a new bespoke formula or your old one can be resent [sic] for the same cost of sending a generic formula”. The ad also included a drop-down menu entitled “Treatment Remedy Options”.

A further web page entitled “Russian Healing Blanket TMB-01” stated “The Russian Healing Blanket is designed to improve the adaptive state of a person or animal wrapped in it … following significant success in treating a wide variety of conditions ranging from stress, to peripheral nerve disorders, digestive problems and musculoskeletal problems and injuries. It can also be used to energise an individual and improve their immune status … The TMB-01 isolates the body from external energetic influences that can interfere with the body’s natural regulatory signals and reflects the regulatory signals back onto the body to reinforce their action. The Blanket also re-distributes surface electrical charge to balance the entire meridian system via bio-active points (such as acupuncture points) that act as energy portals between the skin surface and the deeper channels … these are some of the last genuine healing blankets of this type available”.

A subsequent web page entitled “Silent Healing” stated “This is a CD with no sound!! Play it and just feel the difference! This CD has been developed using advanced technology associated with analysis and balancing of problems in the subtle energy systems of the body and personal spaces. New and extraordinary discoveries make it possible for the Silent Healing CD to produce the necessary remedies in a complex homeopathic form at the correct potency automatically. The CD contains over 34,000 different homeopathic type remedies which have been sampled and stored on the CD. When played on a CD player it releases the homeopathic type patterns to harmonise imbalances. Every imbalance in the body has a complementary energetic pattern that will bring it back to optimum health …Used for meditation spaces, healing areas, sick office syndrome and to get everybody at a party on the same vibe!!”. The ad then featured two outline images of a human body and text stated “Computerised Kirlion Photographs [sic] of aura of [sic] 48 year old woman with recurrent Malaria [sic] and Coxsackie B Virus [sic] infection before and after just one 20 minute treatment with Silent Healing”.

Issue

1. The complainant challenged whether the efficacy claims for the listed products were misleading and could be substantiated.

2. The ASA challenged whether the ad discouraged essential treatment for recurrent malaria and Coxsackie B virus infection; conditions for which medical supervision should be sought.

Response

Natural Healing Solutions acknowledged receipt of the complaint, but did not supply a substantive response.

Assessment

The ASA noted Natural Healing Solutions had acknowledged the complaint, but we were concerned by their lack of any further response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule  1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code.  (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.

1. Upheld

We considered that with regard to the “Bespoke e-Lybra Treatment” product, although the description did not contain any health claims related to specific conditions or symptoms, it was likely that consumers, particularly those interested in complementary health, would understand from wording such as “bespoke homeopathic like bioresonance formulation”, “remedy”, “distance treatment”, “helping support recovery from certain symptoms or can be used as a general support for maintenance purposes” and the “Treatment Remedy Options” menu to mean that it could be used to treat a range of specific or non-specific issues. We also considered that the claims made for the “Russian Healing Blanket” through wording such as “… significant success in treating a wide variety of conditions ranging from stress, to peripheral nerve disorders, digestive problems and musculoskeletal problems and injuries … used to energise an individual and improve their immune status” would be understood by consumers to mean that a wide range of general and specific conditions could be treated and resolved through the use of the product. We also considered that the name of the product “Russian Healing Blanket” would be considered by consumers to imply that it had a general ‘healing’ effect on an individual’s health.

Furthermore, we considered the various claims made for the “Silent Healing” CD such as “New and extraordinary discoveries make it possible for the Silent Healing CD to produce the necessary remedies in a complex homeopathic form … the CD contains over 34,000 different homeopathic type remedies" and the reference to “optimum health” were likely to be understood as general references to the health benefits of the product which would probably have particular appeal to consumers interested in homeopathic products.

We considered that in order to substantiate the claims, Natural Healing Solutions should have provided an adequate body of evidence, consisting of trials conducted on people and where relevant, as stated in the ad, on horses, dogs and cats. Natural Healing Solutions did not provide such evidence.

Because we considered consumers would understand from the ad that the various products had general and specific benefits to health and because Natural Health Solutions had not provided evidence to support those claims, we concluded the claims were misleading and had not been substantiated.

On that point, 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),  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.
  and  12.6 12.6 Marketers should not falsely claim that a product is able to cure illness, dysfunction or malformations.  (Medicines, medical devices, health-related products and beauty products).

2. Upheld

We considered that the claim “… 48 year old woman with recurrent Malaria [sic] and Coxsackie B Virus [sic] infection before and after just one 20 minute treatment with Silent Healing” would be understood by consumers to mean that the “Silent Healing” CD was effective in treating or resolving those infections which we understood could have serious health consequences.

The CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional. We considered that ‘recurrent’ malaria and infection with the Coxsackie B virus were infectious diseases for which medical supervision should be sought. Natural Healing Solutions had not provided adequate evidence to support the efficacy claims made for the product. Nevertheless, we were concerned that Natural Healing Solutions sold the “Silent Healing” for the treatment of ‘recurrent’ malaria and Coxsackie B virus infection without the supervision of a suitably qualified health professional and that it could therefore discourage essential medical treatment. For those reasons, we therefore concluded that the claims breached the Code.

On that point, the ad breached CAP Code (Edition 12) rule  12.2 12.2 Marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment is conducted under the supervision of a suitably qualified health professional. Accurate and responsible general information about such conditions may, however, be offered (see rule  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.
 ).
Health professionals will be deemed suitably qualified only if they can provide suitable credentials, for example, evidence of: relevant professional expertise or qualifications; systems for regular review of members' skills and competencies and suitable professional indemnity insurance covering all services provided; accreditation by a professional or regulatory body that has systems for dealing with complaints and taking disciplinary action and has registration based on minimum standards for training and qualifications.
 (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form. We told Natural Healing Solutions not to make efficacy claims for their products and not to offer specific advice on, diagnosis of or treatment for conditions for which medical supervision was necessary. We referred the matter to the CAP Compliance Team.

CAP Code (Edition 12)

1.7     12.1     12.2     12.6     3.1     3.7    


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