Background
Summary of Council decision:
Three issues were investigated, of which all were Upheld
Ad description
A website, www.marieatlas.co.uk, for Pain Treatment, Prevention and Self-Healing due to misaligned atlas [bone] stated "We Have an Amazing 90% Success Rate treating the Following Symptoms ... Whiplash ... Neck pain ... neck stiffness ... Migraine ... Tmd/Tmj [Temporomandibular Joint Dysfunction] ... AtlasPROfilax®: An Astonishing 100% Natural Method For Pain Treatment, Prevention and Self-Healing. Could This Method Get Rid Of Back Pain, Whiplash, Neck Pain, Frozen Shoulders, Shoulder Pain, Migraine, Vertigo etc.? ... If you suffer from recurring back pain, migraines and headaches, a stiff neck, joint pain in the hips and or knees, rotation of the hips, repetitive strain injury, jammed spinal nerves, trapped nerves, a difference in leg length, there is now new hope ... The Method is called AtlasPROfilax® and it's a strategic and non-chiropractic massage which is applied to the short musculature of the neck. In only one application, safely and permanently, the Atlas bone returns to its correct position. Old patterns clear and the entire system begins to function to its fullest potential ... AtlasPROfilax® CAN HELP WITH THE FOLLOWING: Back problems including trapped nerves, scoliosis, Stiff neck ... Temporal mandibular disorder (TMD or TMJ) ... Migraines and headaches ... Anxiety and depression ... Blood pressure - hypertension ... Displaced pelvis ... Knee pain ... Frozen Shoulders ... Discrepancy between the length of the legs ... Whiplash ... Muscle contractions ... Chronic fatigue ... Fibromyalgia ... A balance problem ... Tinnitus ... Slipped disc ... Scoliosis ... Shoulder pain ... Trapped nerves".
A subsequent web page titled "Method", stated "A subsequent appointment to re-check the Atlas and offering additional support for the self-healing process is essential and included in the price. I use a powerful device called Scenar which works on the cellular level, helping the cells to get rid of the negative memory, so that they can release tensions and pains. THE SELF-HEALING PROCESS ... When the Atlas is in its correct position, the brain can function undisturbed. This promotes a feeling of harmony, setting self-healing and regenerative processes on course throughout the body ... After the relocation of the Atlas by the AtlasPROfilax® Wellness treatment, a person responds according to their individual physical and psychological condition. Healing is immediately initiated and many symptoms are relieved. While others, especially those whose bodies have never functioned correctly or with full capacity may require more patience".
Issue
The complainant challenged whether:
1. the efficacy claims for AtlasPROfilax; and
2. the claims that realignment of the atlas bone could alleviate the conditions listed, were misleading and could be substantiated.
3. The ASA challenged whether the website discouraged essential treatment for conditions for which medical supervision should be sought.
Response
MarieAtlas.co.uk (Marie Atlas) responded to the ASA's initial enquiries, but did not provide a substantive response to the complaints.
Assessment
1. & 2. Upheld
We noted that Marie Atlas had not provided evidence to support the efficacy claims for the AtlasPROfilax treatment or that the listed conditions could be relieved by realignment of the atlas bone. We therefore considered that the claims had not been substantiated and concluded that they were misleading.
On this point, the website 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.
(Medicines, medical devices, health-related products and beauty products).
3. Upheld
We were concerned that the ad made efficacy claims for conditions for which medical supervision should be sought and that we had not seen evidence that the services that Marie Atlas offered took place under the supervision of a suitably qualified health professional. We therefore concluded the website breached the Code.
On this point, the website 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),
12.2
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
12.3
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.
(Medicines, medical devices, health-related products and beauty products).
Action
The website must not appear again in its current form. We told Marie Atlas not to make efficacy claims in the absence of robust evidence and to ensure their website did not discourage essential treatment for conditions for which medical supervision should be sought. We referred the advertiser to the CAP Compliance team.
