Background
On 7 April 2025, the Advertising Codes were updated to reflect the revocation and restatement of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs – the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived) by the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). On that date, the wording of a number of the rules in the Advertising Codes was changed to reflect relevant changes introduced by the DMCCA on 6 April 2025. Given that the complaint which formed the subject of this ruling was received before 7 April 2025, the ASA considered the ad and complaint under the wording of the rules that existed prior to 7 April 2025, and the Ruling (and references to rules within it) should therefore be read in line with this wording, available here – CAP Code and BCAP Code.
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
The website for Na’vi Organics, an online retailer selling health and wellness products, www.naviorganics.uk, seen in February 2025, featured, on The Healy Device page, a heading: “Bio-Resonance and Cell Health with the Healy Device”. Text below stated, “The Healy is a bio-resonance tool that works to support your body’s energetic field to promote deep cellular healing. Reduced cell voltage occurs in almost all cases of acute and chronic dis-ease [sic]. Reduced cell voltage causes the cell’s internal metabolic processes to malfunction leading to disease. The Healy can help restore equilibrium through the use of resonant frequency waves. It works to stimulate and restore optimum cellular function with the use of very specific harmonic energetic currents.”
The website went on to detail various programmes available on the device. Programme names listed included “Program Chronic Pain”, “Mental Balance” and “Sleep”. Further text stated, “We were not designed to be depressed, anxious, highly reactive or suffer from chronic pain and exhausting conditions of disease. These may be symptoms of underlying health concerns. The Healy is designed to support wellbeing through harmonization of the Bioenergetic Field.”
Further text stated, “The Healy device is recognised as a medical device within the EU for the treatment of chronic pain, migraines, fibromyalgia and skeletal pain".
Text at the foot of the web page entitled NOTICE stated, “The Individualized Microcurrent Frequency (IMF) programs of the Healy device are not medical applications. They are not intended to cure, treat, mitigate, diagnose, or prevent any disease or medical condition. The terms used in the programs do not constitute statements concerning their effects. Healy programmes should not be treated as a substitute for professional medical advice, diagnosis or treatment. You should always seek such advice from a qualified medical professional. If you have or suspect you may have a medical condition, or if you are under the care of a healthcare practitioner, you should consult your practitioner before using Healy. Always use your Healy according to the Instructions for Use. Science does not acknowledge the existence of the Information Field, its analysis, harmonization and other importance due to the lack of scientific evidence. Individualized Microcurrent Frequency (IMF) programs of the Healy device, Quantum Potential Frequencies (QPF) of the Healy Coil and the magnetic field programs of the MagHealy device are not acknowledged by conventional medicine due to the lack of scientific evidence in the sense of conventional medicine. The information on this page is for reference and educational purposes only.”
Issue
The Good Thinking Society challenged whether the following claims for the product were misleading and could be substantiated:
- that it could treat conditions such as fibromyalgia, sleep problems and anxiety; and
- about bio-resonance for cellular healing.
- They also challenged whether the ad discouraged essential treatment for conditions for which medical supervision should be sought.
Response
1., 2. & 3. Na’vi Organics Ltd (Na’vi) said the ad appeared on their website as part of the Healy affiliate programme; they did not, however, actively promote the device to their customer base. Na’vi explained that they had sourced the content directly from the Healy website and it had not been reviewed it for several years. They said they were willing to make changes to bring their advertising in line with the Code.
Assessment
1. & 2. Upheld
The ad stated, “The Healy is a bio-resonance tool that works to support your body’s energetic field to promote deep cellular healing. Reduced cell voltage occurs in almost all case of acute and chronic dis-ease […] The Healy can help restore equilibrium through the use of resonant frequency waves.” The ASA considered that consumers would understand from the ad that bio-resonance could affect cell health positively by providing equilibrium for cell voltage. We also considered that they would infer from the claim “Reduced cell voltage occurs in almost all cases of acute and chronic dis-ease [sic]” that the device could identify and treat underlying health issues. The ad also referred to conditions such as fibromyalgia, sleep problems and anxiety. We considered that in the context of an ad that referred to healing, consumers would understand that the device was effective in treating the listed medical conditions.
We were previously made aware by the advertiser that the Healy was classified as a Class IIa medical device. However, CE certification in itself did not constitute evidence for medical efficacy claims, and advertisers needed to ensure that they held evidence for such claims. We had not been provided with any evidence that the product could be used to diagnose existing or future medical conditions or prevent or treat disease or illness. Furthermore, we had not seen evidence to support the claims in the ad regarding the role of bio-resonance in cellular healing.
We welcomed Na’vi’s willingness to make changes to their advertising. However, because we had not seen evidence to support the claims that the device could treat the listed medical conditions, nor had we received substantiation for the claims about bio-resonance, we concluded that the ad was likely to mislead.
On those points, the ad breached CAP Code rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.1 (Medicines, medical devices, health-related products and beauty products).
3. Upheld
The CAP Code stated that 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 was conducted under the supervision of a suitably qualified medical professional.
The ad stated, “We were not designed to be depressed”. Additionally, the reference to Healy’s status as a medical device listed migraine among the conditions that could be treated. The ad also referred to chronic pain. We considered that consumers would understand from the ad that they could use the device to treat depression, migraine and chronic pain. The Code required that treatment for those conditions be conducted under medical supervision. We acknowledged that the “NOTICE” section stated that the device should not be treated as a substitute for medical advice and that a qualified medical professional should always be consulted. However, the ad also featured a heading “Easy to use” which described setting up the device and connecting the electrodes. The ad further stated, “You can use the device for prolonged periods, of time, running continuous programs throughout the day or just occasionally to boost your vitality and well-being as needed. For example, at the end of a stressful day at work.” We considered that the ad presented the device as being for home use, without any initial or ongoing monitoring or supervision by a medical professional. We also considered that the “NOTICE” text, which appeared at the foot of the web page, could easily be overlooked by consumers and was insufficient to counter the overall impression given by the ad.
We therefore concluded that the ad discouraged essential treatment for conditions for which medical supervision should be sought and that it had breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 12.2 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in the form complained of. We told Na’vi Organics Ltd not to make efficacy claims for the Healy Device in the absence of adequate evidence. We also told them to ensure their future ads did not discourage essential treatment for conditions for which medical supervision should be sought, including depression, migraine and chronic pain.
