Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A poster for Bioresonance Totnes, seen on 26 June 2018, featured the text “We offer Bioresonance scans and treatments in Totnes and nearby. Bioresonance works by scanning the body’s electromagnetic field and gathering information signals which then provide an insight into the body’s condition. After the scan you’ll receive a 7 page health report which includes: Express-scan on the functional state of all 47 organs and systems in the body, Performance score for each individual organ, Detection of energy blockages, parasites and inflammation, Condition of chakras, Aura image, Spinal health, Physiological age (real age), Vitamin and mineral deficiencies”. Text at the bottom of the poster stated “£45 for first time diagnosis scan. £35 concessions”.
Issue
The complainant challenged whether the claims:
1. that the Bioresonance device was effective in the diagnosis of medical conditions and ailments complied with the CAP Code; and
2. “detection of … parasites” and “spinal health” complied with the Code.
Response
Person(s) unknown t/a Bioresonance Totnes did not respond to the ASA’s enquires.
Assessment
The ASA was concerned by Bioresonance Totnes’ lack of a substantive 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 provide a substantive response to our enquiries and told them to do so in future.
1. Upheld
The CAP Code required that medicinal or medical claims and indications were made only for a medicinal product that was licensed by the MHRA or under the auspices of the European Medicines Agency (EMA) or for a CE-marked medical device. We noted that a medicinal claim was a claim that a product or its constituents could be used with a view to making a medical diagnosis or could treat or prevent disease, including an injury, ailment or adverse condition. With that in mind, we considered that the ad featured the medicinal claims “detection of … parasites” and “spinal health”.
Because the ad made medicinal claims for a product that we had not seen evidence to demonstrate was a CE-marked device, we concluded that the claims breached the Code.
On that point, the ad breached CAP Code (Edition 12)
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
12.1
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.
(Medicine, medical devices, health-related products and beauty products).
2. Upheld
We noted that the ad included a number of claims, such as “Bioresonance scans and treatment … provides an insight into the body’s condition”. The ad also stated that the Bioresonance device could “…scan on the functional state of all 47 organs and systems in the body, performance score for each individual organ, detection of energy blockages and inflammation, condition of chakras, aura image” and provide a physiological age (real age).
. We considered that consumers would interpret the ad to mean that the Bioresonance device could detect those health conditions and ailments.
In the absence of any evidence in support of the claims, we concluded that the claims had not been substantiated and were misleading.
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) 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.
1 (Medicine, medical devices, health-related products and beauty products).
Action
The ad must not appear again in its current form. We told Bioresonance Tones to ensure that they did not make medical claims for a product, unless it was a CE-marked medical device and they held evidence to demonstrate that it was effective in detecting the various conditions and ailments listed in the ad. We referred this matter to the CAP Compliance team.
