Background
Summary of Council decision:
Five issues were investigated, all were Upheld.
Ad description
A website, www.drstephenferguson.com for The Natural Health Clinic, made claims related to various services offered.
Under the headline "Natural healing, not chemical healing" text stated "Chemicals that are used in allopathic medicine actually prevent the body from healing itself and the cure process is slowed down and [sic] almost zero because the disease becomes locked into your system. We use a combination of a number of different healing disciplines to ensure that your health condition is healed as swiftly as humanly possible".
The home page then listed the following conditions "High Blood Pressure, Allergies, Asthma, Acid Reflux, Food Allergies, Arthritis, Skin Disease, Stroke, Diabetes, Depression, Mental Illness, Heart Disease, Constipation, Headaches, ME, Cancer, Weight Loss, Thyroid, Epilepsy". The page also featured a "Health A-Z" which linked to various conditions, each with an accompanying description.
A further web page headed "About" featured Dr Ferguson's qualifications and former achievements. At the bottom of this page, text stated "The use of Dr before Dr Stephen Ferguson's name is for PhD, the highest level of learning, not because he is a chemical drug doctor (GP). He is a naturopathic doctor the number 1 in the world, curing disease using only natural techniques and substances".
A subsequent web page featured the headline "What is Live Blood Analysis?" Underneath it stated "It can show signs of disease before it happens. You get to see the results yourself on a large computerized screen immediately unlike a conventional blood test where you personally do not get to see the results ... Live blood test - Conventional blood test - The differences. With a conventional blood test the blood is dead when it reaches the lab. During our live blood test the blood stays alive for 30-45 minutes. In a conventional blood test dye needs to be added and very little is seen. An estimate of red blood cell quantity can be done but very little else".
The web page selling "Dr Ferguson's Multivitamin PH Balancer, Blood Cleanser & Energy Booster" stated "This supplement builds the immune system up stronger than anything else on the market ...". Claims for another product "Dr Ferguson's Tropical Fruit non dairy whey protein" stated "may to help protect the body from diabetes; multiple sclerosis; motor neuron disease; obesity and alzheimer's [sic] disease".
Issue
The complainant challenged whether;
1. the website was misleading as it implied the listed illnesses could be treated or cured by the advertiser;
2. the claims relating to allopathic medicine were harmful and could discourage essential treatment for conditions for which medical supervision should be sought;
3. Dr Ferguson was suitably qualified to offer advice, diagnosis and treatment for the conditions featured;
4. the claims relating to Live Blood Analysis could be substantiated;
5. the website implied the food products for sale could prevent, treat or cure human disease.
Response
1.–5. The Natural Health Clinic said on the home page of the website it clearly stated "Disclaimer ... Nothing on this website constitutes any form of medical advice what so ever. If you have a medical problem concerning your health you are strongly urged to go to your GP."
Assessment
1.–5. Upheld
The ASA was concerned by the lack of a substantive response from The Natural Health Clinic. We noted the full disclaimer was not on their home page, but was accessed via a link. Furthermore, the link was not prominent and was crowded out by additional text, visuals and videos. However, we did not consider a disclaimer negated the need to hold evidence to support the advertised claims or was sufficient to ensure individuals were not discouraged from seeking medical advice.
Because The Natural Health Clinic did not provide evidence to support the claims made, we concluded the ad was misleading and could discourage individuals from seeking essential medical advice.
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.
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.
12.3
12.3
Marketers offering individual treatments, especially those that are physically invasive, may be asked by the media and the ASA to provide full details together with information about those who supervise and administer them. Practitioners must have relevant and recognised qualifications. Marketers should encourage consumers to take independent medical advice before committing themselves to significant treatments, including those that are physically invasive.
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),
15.6
15.6
These are not acceptable in marketing communications for products within the remit of this section:
and
15.6.2
15.6.2
Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised by the European Commission
(Food, food supplements and associated health and nutrition claims).
Action
The ad must not appear again in its current form. We told The Natural Health Clinic to avoid referring to conditions for which medical supervision should be sought and to hold robust evidence before making efficacy claims for other illnesses.
CAP Code (Edition 12)
12.1 12.2 12.3 12.6 15.6 15.6.2 3.1 3.7
