Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Claims on the website, www.detoxdetox.co.uk offered a "Body Trauma Treatment" which consisted of a bespoke combination of an exfoliating scrub, a mineral-rich clay mask, hands-on tissue manipulation and seaweed gel wraps. Claims on the web page, www.detoxdetox.co.uk/benefits, headed "The benefits of Body Trauma Treatment", stated "Time and again, clients report physical, mental and emotional benefits following Hoffman's Body Trauma Treatment, including: Improved skin elasticity and condition", "Improved circulation", "A reduction in the appearance of cellulite", "More efficient healing and immune response", "Healthier appetite and digestive function", "Improved sleep patterns and more restful sleep", "Reduced susceptibility to headaches and sinus infections", "Less painful periods & reduced PMS", "Removal of toxins caused by drug and alcohol abuse" and "Accelerated recovery process from additive behaviours".
Issue
The complainant challenged whether;
1. the efficacy claims were misleading and could be substantiated; and
2. the ad discouraged essential treatment for conditions for which medical supervision should be sought.
Response
Josef Hoffman did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Josef Hoffman's lack of substantive 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. & 2. Upheld
We considered that the efficacy claims attributed to the Body Trauma Treatment would be understood to mean that it could treat the listed medical conditions and ailments, such as circulation, skin conditions, the immune system, headaches and sinus infections, pain and addition.
The CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought, and that that included offering 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.
Because we had not seen any evidence in support of the efficacy claims attributed to the "Body Trauma Treatment" or any evidence which demonstrated that the treatment was conducted under the supervision of a suitably qualified health professional, we concluded that the claims were misleading and in breach of the CAP Code.
The ads 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
12.2
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 referred the matter to CAP's Compliance team.
