http://www.cap.org.uk/~/media/Files/CAP/CAP/Guidance%20for%20Advertisers%20of%20Homeopathic%20Services%20September%20(Sept%202011).ashx[*quote*]
Guidance for Advertisers
of Homeopathic Services
This advice is intended to help marketers of homeopathic services comply with theCode, particularly online, and to understand the ASA’s current position regarding
acceptable claims.
CAP
The ASA does not regulate homeopathic clinical practice; that is a matter for your professional
body. Nor does it regulate private communications or conversations between you and your
(potential) clients. The ASA regulates your advertising only.
The need for evidence
One of the key rules in the CAP Code is that advertisers need to hold evidence for ‘objective’
claims made in marketing communications. These are claims that consumers are likely to
regard as objective i.e. they have a factual basis. The Code states the following:
3.7 Before distributing or submitting a marketing communication for publication,
marketers must hold documentary evidence to prove claims that consumers are likelyregard as objective and that are capable of objective substantiation. The ASA may
regard claims as misleading in the absence of adequate substantiation.
The words ‘before... publication’ are crucial. As the marketer, you have a pre-publication
responsibility for ensuring that your claims are borne out in fact and, where necessary,
supported by robust evidence. Rule 3.7 is further clarified in the section specific to medicines
and health-related products:
12.1 Objective claims must be backed by evidence, if relevant consisting of trials
conducted on people. If relevant, the rules in this section apply to claims for productsanimals. Substantiation will be assessed on the basis of the available scientific
knowledge.
Medicines must be marketed in line with their product licence or registration
Legislation requires that medicines must have a licence before they are marketed. Homeopathic
medicinal products must be registered before they are marketed. Products, whether registered
or licensed, must be marketed in line with the summary of product characteristics. Therefore,
any claim that product ‘x’ can treat / cure medical condition ‘y’ should only be made about
licensed or registered products, if the licence / registration permits it.
12.20 Homeopathic medicinal products must be registered in the UK. Any product
information given in the marketing communication should be confined to what appearsthe label. Marketing communications must include a warning to consult a doctorsymptoms persist. Marketing communications for an unlicensed product must not makemedicinal or therapeutic claim or refer to an ailment unless authorised by the MHRAdo so.
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Guidance for Advertisers of Homeopathic Services
2
Members of the public must not be discouraged from essential treatment
Members of the public that have, or believe they have, a health condition for which medical
supervision should be sought are potentially vulnerable to misleading claims that a product orservice will help that condition.
It is important not to discourage essential treatment by offering advice, diagnosis or treatmentconditions that should be supervised by a suitably qualified healthcare professional1. The Code
states the following:
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 treatmentconducted under the supervision of a suitably qualified health professional. Accurate and
responsible general information about such conditions may, however, be offered.
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.
Claims to avoid
In the simplest terms, you should avoid using efficacy claims, whether implied or direct, that
aren’t supported by robust evidence. If you are stating or implying that you, your service or a
product can be effective in doing something, you need to ensure that you have the evidence to
prove the claim.
If you are making claims for a homeopathic product, or for a treatment based on a specific
product, or combination of products, you may only make such claims as are permitted by the
product licence(s). You will need to consult the MHRA for advice on this point.
To date, the ASA has have not seen persuasive evidence to support claims that homeopathy
can treat, cure or relieve specific conditions or symptoms. We understand this position is in line
with other authoritative reviews of evidence.
We therefore advise homeopathy marketers to avoid making specific claims of efficacy for
treatments where robust evidence is not held to substantiate them.
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1
This document provides more detailed information on this point.
Guidance for Advertisers of Homeopathic Services
3
Even if a specific product is not cited, marketers of homeopathy services should not state or
imply that conditions or symptoms can be relieved or cured by homeopathy. This means
marketing of homeopathy services should not use words such as ‘cure’ or ‘treat’, nor list medical
conditions because the ASA has a long-standing position that, by doing so, readers are likely to
infer that the conditions or symptoms listed can be alleviated. We advise that these claims are
not used either directly or indirectly, including through the use of imagery.
What can be said in marketing communications?
We have drafted examples of claims that are likely to comply with the CAP Code. This list is
neither exhaustive nor prescriptive.
Homeopaths may legitimately provide information such as:
The origins of homeopathy, for example:
Homeopathy has its origins in ancient history dating back to Hippocrates.
This was further developed by a German doctor, Samuel Hahnemann.
It has been widely used for over 200 years, across the world.
The theory behind homeopathy (however, this should not make efficacy claims):
Homeopathy is based on the theory (or belief) that like cures like.
The process of devising a homeopathic remedy is based on the theory that the
method of dilution and agitation causes a reaction between the ingredient, for
example arnica, and the water and alcohol it is diluted in. Although it is diluted
many times, homeopaths consider that the homeopathic remedy retains the
original ingredient.
That homeopathic products are safe to use alongside conventional medicine.
How a therapy session can contribute positive benefits of wellbeing to the client.
The quality and standard of facilities provided.
The number of years a homeopath has been qualified, as well as the number of clients
that have been seen (as long as evidence is held to support these claims).
The quality of the ingredients used e.g. “I use only the highest quality homeopathic
products”.
A list of ingredients – as long as there are no indications or efficacy claims alongside
them.
What happens during a therapy session.
That some NHS hospitals use homeopathy and that there are homeopathic hospitals
funded by the NHS.
Guidance for Advertisers of Homeopathic Services
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That homeopathy is ideal for people who want to explore more holistic options to
enhance their wellbeing.
Genuine client testimonials can be used, but must not imply efficacy. The following
examples are the type of testimonial that may comply with the CAP Code:
“I found the advice and professional attitude of x very useful”
“X’s professionalism and care was excellent. I will be recommending her/ him to
my friends and family”
“X was able to look at me as a whole person, not just as another person coming
in for advice”
However, the following are unlikely to comply with the Code:
“The advice X gave me on my [condition x] really made a difference”
“The homeopath prescribed me x and y and now my condition is so much better”
However,is likely toplease note that taking some ofbe unacceptable, for example:
these suggested claims furtherand implying efficacy
“Excessive coffee consumption can lead to sleeplessness. By using like to cure like,
homeopaths may offer Coffea, made from coffee, to resolve sleeplessness”
“Some NHS hospitals use homeopathy when all other conventional treatments have
failed”
Telling consumers about published research on homeopathy
The online environment has greater scope for providing information in a discursive or detailed
way. Providing links to information such as published research is likely to fall outside the remit
of the ASA if they are presented in a section of the website that is not directly connected with the
sale or supply of your products or service. For example, under a separate tab labelled ‘research’
or ‘further reading’.
The advice in this document is based on the current position of the ASA and CAP. The
advice may be updated to reflect future ASA adjudications relating to homeopathic
claims. All formally investigated cases are published on the ASA’s website,
www.asa.org.uk.
You may also find it useful to keephomeopathy (
www.mhra.gov.uk).
up-to-date with news from the MHRA regarding
Guidance for Advertisers of Homeopathic Services
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