Ad description
Claims on www.healingthroughlight.com, visited on 29 January 2012, featured a page under the heading "Products" dedicated to "Scalar Wave Laser". Text stated "The ScalarWave Laser combines the most advanced cold laser technology with state of the art quantum scalar wave technology ... ScalarWave Laser Benefits Pain relief Glandular rejuvenation Healing injuries Lymph activation Anti-ageing Chakra balancing Weight loss Nerve regeneration Immune enhancement Laser acupuncture Organ balancing Laser facelift The healing potential of scalar waves is phenomenal. Tom Bearden, a scalar wave pioneer expressed it like this: "The medical implications are enormous. By just reversing the damaged cells back to a previous physical state, this gives a physics mechanism for controlled cellular de-differentiation, in biology terms. Physicians will time-reverse diseased, damaged or aged cells back to an earlier healthy condition, including all the cellular genetics. Normal cells are just reversed to a slightly younger condition".
Issue
The complainant challenged whether the efficacy claims for ScalarWave Laser could be substantiated.
Response
Healing Through Light did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Healing Through Light's lack of substantive response and apparent disregard for the Code, which was a breach of CAP Code clause 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.
We considered that the ad implied that ScalarWave Laser could provide a number of health and healing benefits, including "Pain relief", "Glandular rejuvenation" "Healing injuries", "Weight loss", "Nerve regeneration", "Immune enhancement". However, we noted that we had not seen any evidence in support of the health and efficacy claims for ScalarWave Laser and concluded that the claims were in breach.
The claims breached CAP Code (Edition 12) rules
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),
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.
(Medicines, medical devices, health-related products and beauty products) and
13.1
13.1
A weight-reduction regime in which the intake of energy is lower than its output is the most common self-treatment for achieving weight reduction. Any claim made for the effectiveness or action of a weight-reduction method or product must be backed, if applicable, by rigorous trials on people; testimonials that are not supported by trials do not constitute substantiation.
(Weight control and slimming).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
