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New UK rules mean it's open season on UK quacks

Blue Wode

Graduate Poster
Joined
Feb 17, 2006
Messages
1,306
First off the blocks is Simon Perry with his complaint about the British Homeopathic Association's website...
http://simonperry.posterous.com/new-complaint-am-i-first

UK readers can find all the tools and resources required to enable them to spot misleading claims and to do something about them via The Nightingale Collaboration:
http://www.nightingale-collaboration.org/

“Misleading claims about healthcare products and services appear on many providers’ websites as well as in promotional leaflets, posters, brochures, newspapers and magazines. People are being misled into paying for products and therapies of unproven efficacy. Some of these aren’t even scientifically plausible and some of them could be harmful. We should be free to choose what we spend our money on but it should be an informed choice, not one based on misrepresentation – deliberate or otherwise - by those who stand to profit. This misinformation will not disappear by itself: it needs to be challenged.”
 
Oh goodie, a new thread for this. I asked in the other thread if anyone had a link to an outline of the actual regulations, to make it easier to decide what exactly consititutes a breach. I've got a couple of veterinary homoeopaths in my sights.

Rolfe.
 
Oh goodie, a new thread for this. I asked in the other thread if anyone had a link to an outline of the actual regulations, to make it easier to decide what exactly consititutes a breach. I've got a couple of veterinary homoeopaths in my sights.

Rolfe.

The internet appears to now fall under the non-broadcast CAP code found here. http://www.cap.org.uk/The-Codes/CAP-Code.aspx

It's worth noting that this is a self regulatory system, the ASA has no real legal powers, but may refer things to the OFT, who do.

also, the code does not apply to
d. claims, in marketing communications in media addressed only to medical, dental, veterinary or allied practitioners, that relate to those practitioners’ expertise
 
Can someone point out to me which heading on the online form I should use for misleading websites as none of them really seem to fit.
 
d. claims, in marketing communications in media addressed only to medical, dental, veterinary or allied practitioners, that relate to those practitioners’ expertise


Yes, I knew about that, I've come across it before. However, where these practitioners are making claims addressed to the public, I think it probably does apply.

Rolfe.
 
Yes, I knew about that, I've come across it before. However, where these practitioners are making claims addressed to the public, I think it probably does apply.

Rolfe.

Fair enough, I didn't know it and only found out about it when I was looking up the code this morning.
 
also, the code does not apply to
d. claims, in marketing communications in media addressed only to medical, dental, veterinary or allied practitioners, that relate to those practitioners’ expertise


I very much doubt that a publicly available website could be considered to be "addressed only to medical practitioners".

There's a similar exemption in the Cancer Act.
 
:)

That's what I was wondering. It may be that they don't come under the ASA ruling. I may have to make enquiries.

Rolfe.
 
:)

That's what I was wondering. It may be that they don't come under the ASA ruling. I may have to make enquiries.

Rolfe.

Presumably the ASA will let you know if they are in the clear. I would suggest you complain and let them worry about the legitimacy of it.

My slight concern is whether the ASA have the resources to follow up on the flood of complaints or whether we might be being counterproductive by overwhelming them?

Would it be better to pick out serious offenders and go after them in a concerted effort rather than have a scattergun approach?
 
Are they actually selling remedies? And is that necessary for them to be reported?


They're certainly promoting homoeopathy. The new rules cover "marketing communications", which I would heve thought would include this.
 
Here's another one, forwarded to me by a friend on facebook, which isn't homeopathy, but completely barking mad; a badge with a picture of a unicorn, which repels headlice.

ETA:
1. How does it work?
Without a comprehensive understanding of technology e.g. that used in space travel, it is not really possible to provide a very satisfactory answer.
 
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I'm looking at the ASA online complaint submittals page, and I really can't work out what category a web-site devoted to selling something falls under.

There are many other forms of electronic communication, some of which we cover and some we don’t. Those we can investigate include:

classified ads placed by companies (but not members of the public) in online directories;
ads on social networking sites (such as MySpace);
ads on mobile TV and
computer-generated ads, aimed at the TV audience, that are superimposed on hoardings around, for example, football pitches.

However, it seems that's a deficiency of the form, since the ASA website explicitly says:

The new remit will ensure the same high standards as in other media and will cover:

Advertisers’ own marketing messages on their own websites
Marketing communications in other non-paid-for space under the advertiser’s control, such as social networking sites like Facebook and Twitter
Marketing communications on all UK websites, regardless of sector, type of businesses or size of organisation.

I guess "Promotions and Special Offers" will have to do.
 

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