Background
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
A magazine ad, that appeared in the publication What Doctors Don't Tell You, for an alternative health treatment stated "AlliTech is nature's powerful antibiotic, anti-viral, anti-fungal and immune booster with no side effects reported during over 10 years use. AlliTech is now successful where antibiotics no longer are, and remarkable in dealing with pneumonia and upper respiratory infections. Parasites - Many doctors, health practitioners and researchers now believe parasites are the most under diagnosed and under appreciated [sic] health threat in the world and now believed to be one of the causes of Alzheimer's, dementia, Parkinson's, MS and other micro parasites in the brain. MRSA - 52 patients at University Hospital, London all recovered fully from long term MRSA after taking Allicin. AlliTech works equally well on dogs, cats, horses and farm animals". A testimonial stated "Allitech has almost eradicated my Lyme disease after antibiotics have failed over several years" and the ad continued with several examples of incidents where the product had effectively treated medical conditions in humans, disorders in animals and disease in trees.
Issue
1. The Nightingale Collaboration challenged whether the efficacy claims for the product could be substantiated.
They also challenged whether:
2. the claim "Many doctors ... believe parasites are the most under diagnosed and under appreciated [sic] health threat in the world and now believed to be one of the causes of Alzheimer's, dementia, Parkinson's, MS and other micro parasites in the brain" could be substantiated;
3. the testimonials and examples were genuine; and
4. the ad made medicinal claims for an unlicensed product.
Response
Dulwich Health Ltd (Dulwich Health) acknowledged receipt of our letter and said they noted our comments.
Assessment
Upheld
The ASA had not received any evidence to substantiate the efficacy claims made for the product, or the claim "Many doctors ... believe parasites are the most under diagnosed and under appreciated [sic] health threat in the world and now believed to be one of the causes of Alzheimer's, dementia, Parkinson's, MS and other micro parasites in the brain". We had also not received evidence that the testimonials and examples were genuine or that the product was licensed, and that the advertisers were therefore allowed to make medicinal claims. We therefore concluded that the ad breached the Code.
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.
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 and beauty products).
Action
The ad must not appear again. We told Dulwich Health Ltd not to make efficacy claims, unless they could be substantiated. We also told them not to make medicinal claims for unlicensed products.
