Advertising restrictions for acupuncture

Hi DM

There has recently been a thread on Hp about advertising restrictions. I will have to looked it up. What came up in this thread in relation to March 2011 was that you can make claims on a website as it is considered to be an editorial, but not to make claims on a web advert that cannot be verified be conventional scientfic research methods and evidence.

Best wishes

RP

Just found it:

Post #23 by Coerdelion has the bit I just mentioned.

Thanks RP

I just found this in the latest BAcC advertising guidelines

Good grief I'm confused as well. Luckily on Hp there is usually someone who can help. Maybe this thread should be in General Therapies or Marketing as it potentially effects as all.

RP

as you can see from the thread that Reiki Pixie has posted, there are enough people out there who make it their goal to report as many complementary therapists as they can, for 'misleading' information on their websites. This person claims to have made over a hundred such complaints to ASA.

Ironically, the only complaints made to the CAM regulator are about therapists websites.

I think everyone just needs to be really careful about what they put on their websites.

The ASA can issue sanctions, which in themselves wouldnt really affect a therapist too much, however, if they persist, the ASA can issue legal proceedings through the Office of Fair Trading.

Yes there are some charlatans making outrageous claims, but there are lots of therapists who use quite innocent claims, who are also being targetted.

Its shocking what some people will do to try to discredit complementary therapists.

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PHEW! all smells a bit fishy to me:confused: and you can bet there is some big-wig western medical practitioner behind it somewhere.

Does it really matter? again.. i think they are making us all look a but silly, as if we can't make our own minds up what is right or not! and is this just a british thing?

I have been taliking with a colleugue today about this and i have been sent some info, which states that there is no proof that facial acupuncture has any benefit, yet i have recently been perfecting this system and have the photos on my website to prove it!! and some very happy customers too.

here is a little bit.....

Following the latest advertising guidelines re acupuncture where the only conditions we are now allowed to mention are (quote):

To date, the only conditions that we have seen evidence for in relation to acupuncture are:


· Pain associated with osteoarthritis of the knee, making it clear that effects are temporary and that acupuncture is used as an adjunctive treatment (not a standalone one).
· Dental pain
· Nausea & vomiting
That's right, not even back pain is on the list of what can be advertized (!)
They go on to say:
CAP "is unlikely to accept claims that acupuncture can treat tension-type headaches or tinnitus or can control appetite. Although commonly claimed, we have not seen evidence that acupuncture can either help quit smoking or aid weight loss... And CAP has not seen evidence that acupuncture can 'de-tox' the body, improve blood circulation, increase metabolism or boost energy.
"Marketers occasionally claim that acupuncture can help delay or prevent ageing. To date, neither CAP nor the ASA has seen evidence that acupuncture can slow down, reverse or even relieve the superficial signs of ageing. CAP, therefore, advises marketers not to make claims relating to the improvement of the skin conditions (scarring as well as the signs of ageing). It might be possible, however, to speak about the purely sensory effects of acupuncture and make claims about well-being and well-feeling or to use phrases such as 'feel revitalized', 'more positive' or 'relaxed'.
AND re testimonials:
"Testimonials referring to conditions which cannot be substantiated by robust evidence should not be used. But testimonials can be used in more general ways eg to comment on the service they have received or that the client recommends the practice to friends and family."
Or possibly how much they liked the magnolia walls...



So, I would like to know how everyone is handling this.
I am having trouble now trying to write about acupuncture in this vague way
let alone trying to describe cosmetic acupuncture.
Specifically if Kirsten and Amanda know of any way we can describe our treatments...

By the way: these guidelines are currently for all print, radio, commercials ans sales etc
but from 1 March 2011 it will include our own websites and facebook and twitter.

.....well what can we all say to that. Does this mean all therapies, including chiropractors and osteopaths will have to remove there wording too?

There are countles scientfic studies that have proven acupuncture to be more effective than western intervention. Why can they just accept that people are getting better and the means is quite frankly un-important.

I have many skills at hand in my work all to which i have learned to be able to help in any way i can. My one goal is to make someones existence more enjoyable, beit free of pain, headaches, stress, etc.

scenario : a patient comes for treatment for a stiff neck and shoulder, i apply massage and insert needles. An hour later the pain is gone a full mobilty is regained! at this point i say " all i have done is rub your arm and put a few needles in your skin!....so something must be happening"
There are no questions and no answers...it is what it is!

INDO ( off to re-write website hehe)

As I said, Indo, the enemy is at the gates :mad::mad::mad:

Hi Indo Chris, don't let the b******ds get you down.

Would they necessarily cramp down on cosmetic advertising as it isn't medical, unless you really was telling porkie pies. The cosmetic industry as a whole often makes outrageous claims anyway, well at least to my way of thinking. Does anyone know of action made against the claims of cosmetic products and services? I would be interested to know.

As for CAM therapies, now is the time to arm ourselves with as much robust evidence we can get our hands on. Obviously the public need to be protected against unscrupulous practitioners making outrageous claims. That said why get pushed around by fascists. Since it looks like the ASA asks you to change the advertising literature, why not push the barriers as far as we can. If the Office of Fair Trading then threaten legal proceedings, it's time to back off.

Is this silly or sensible?

Best wishes

RP

a few things do spring to mind.....

"god will save you"

"god is coming"

"the lord will show you the way"

not meaning to rubbish those that are religious...but as the biggest frachise in the world is this not false advertising and an outrageous claim, considering no-one has actually met this person called god!

where does the asa stand on that one?

:D:D:D

Hi Chris

Good point which I heard been rised before. But I suppose that's faith. Maybe we need to pedal some faith as well, lmao!

RP

rised before
RP

Classic! :p:D:rolleyes::D

everything has a cause and effect!

I always say to my students....... " we are all familiar with the micro wave oven!..... you cannot see the microwaves that cook your food , yet you know it is there because your food is hot when you remove it!"..........

when have you ever seen a bunch of people gathered round the microwave trying to SEE the cooking process, YOU DON'T.
They are happy enough that the food is cooked...nuff said!

Lets not forget that in the beginning these appliances were out to kill us by the tabloids!

TCM is still a new concept to the western minds and it will take time for them to accept that!

UNITY PEOPLE! UNITY!.....One medicine system = world health. peace

🙂

Hi Indo Chris, don't let the b******ds get you down.

Would they necessarily cramp down on cosmetic advertising as it isn't medical, unless you really was telling porkie pies. The cosmetic industry as a whole often makes outrageous claims anyway, well at least to my way of thinking. Does anyone know of action made against the claims of cosmetic products and services? I would be interested to know.

RP

Hi RP

If you check out this link to the ASA Adjudications you will see that a number of Health & Beauty complaints have been upheld - including, last week, one against Rimmel Mascara.

There is also a Trading Standards investigation into Rodial Ltd - - the same people who are active in the complaints against CAM are active in this campaign.

I am trying, very hard, to see this as an opportunity to look closely at the way I advertise my therapies and hopefully to find an attractive, innovative way to promote the work that so many people value.

The main issue I have is that every 'scientific research' document that I ever read seems to be quickly followed by another 'scientific research' document stating the opposite. So it is very easy for the sceptics to say it is all 'woo'. By the way if they feel good calling our therapies 'woo' and us 'quacks' is it more appropriate to call them bigots rather than sceptics? The other issue is that it appears that Edzard Ernst's book may be seen to be considered 'evidence' by the people criticising CAM and is often mentioned as part of the complaint to the ASA - is that considered acceptable by ASA and/or CAM? I know that evidence can be sent in to the ASA to refute the complaint made but this is extremely time consuming and even if only a few minor changes are required to printed materials this can result in quite substantial losses and costs for associations and independent traders.

Typical

May I add my pennyworth here?

If they call those who practice CAM 'quacks' and our therapies 'woo', I think the tables can be turned on them in that it is hard to pin one single death on CAM therapies whereas deaths reported to be caused by alopathic medicine are now the third greatest cause of death in the USA after cancer and heart disease. That's by the way.

As you say choice of wording for information we put out is a considerable challenge and a cost to us - another case of being considered guilty until our innocence is proven.

Hi Typical, thanks for the links. Did read with interest about the "Lipo Contour garment" and how the evidence wasn't excepted due to the fact it wasn't published in a peer-reviewed journal.

Maybe we need to approach our PA's for advice and for them to come up with some robust statements. Don't we pay them to protect our professional interests? Unfortunately I'm away abroad over December and can't do this myself at the moment.

RP

I think the tables can be turned on them in that it is hard to pin one single death on CAM therapies...

Actually, it's surprisingly easy to find fatalities resulting from CAM therapies. Since the subject of this thread is acupuncture, let's begin with at least eighty deaths reported in the [url]International Journal of Risk and Safety in Medicine[/url] earlier this year.

So slw, is this 80 cases of mortality due to acupuncture this year or a published account of 80 known fatalities. Also since the title is International, I take it that this is worldwide or anywhere specific? Also is this 80 accounts of deaths that can be positivity identified with acupuncture treatment or that 80 died during an acupuncture treatment or both. Not knowing the full facts and figures, I don't know how accurate this is or how biased the figures are. Please enlighten us!

Even if there is very unfortunately a few deaths from acupuncture, is this a problem with acupuncture itself or with the skill or lack of competence of the practitioner? How many people die every year by the hands of a medic? If acupuncture is that dangerous, how come my insurance is less than £100 per year?

RP

and from the BMJ - Acupuncture is safe in the hands of competent practitioners

Edzard Ernst's conclusion in his report states:

Conclusion: Acupuncture has been associated with numerous deaths. These fatalities are avoidable and a reminder of the need to insist on adequate training for all acupuncturists.

So over, maybe, 45 years and worldwide, but mainly China and Japan, although a handful were in the US, Australia and Germany, there have been around 80 deaths of people who have seen an acupuncturist but there isn't enough evidence to prove that the acupuncturists involved were actually responsible for the deaths in all the cases.

Of course everyone involved deeply regrets any deaths or injuries related to CAM, that goes without saying. It is also clear from this forum that many of threads involve practitioners wanting standards raised and training to be fit for purpose. But statistically CAM is relatively safe, unlike a number of other things.

From David McCandless - How will it all end?
Lifetime odds derived from ONS UK data

Dying from Any Cause, 1 in 1
Cancer, 1 in 4
Heart Disease, 1 in 5
Medical Error, 1 in 207
Prescription Drug Overdose, 1 in 265
Taking Illicit Drugs, 1 in 632
Car Accident, 1 in 698
Paracetamol, 1 in 2981

For my undergrad dissertation I researched the stats for acupuncture-related injuries and found that there have been no recorded deaths in the UK. Even Ernst, the co-author of the quoted article maintains that acupuncture is a safe mode of treatment when delivered by a well trained practitioner. This latest paper is a meta-analysis that looks at papers from up to 30 years ago and is unrepresentative of acupuncture in the modern day setting. I get the impression that there is a bit of stirring going on.

BTW, that last reported pneumothorax in the UK was caused by a physiotherapist, a (ahem) western-trained practitioner. Two weekends of training does not an acupuncturist make!

BTW, that last reported pneumothorax in the UK was caused by a physiotherapist, a (ahem) western-trained practitioner. Two weekends of training does not an acupuncturist make!

I think western practitioners should have to undergo the same training that we have all worked so hard for!

I hear stories of physio's sticking needles into calcified tissue, and the GP's that insert a needle, then pull it out! all done within your 5 minute session.

Mnay of the techniques have changed in Chinese application of needling, alot of modern students are still using outdated techniques that can be very dangerous.

The one thing i am glad of regarding my training is the safety we were taught to practice.

That whole theory behind traditional acupuncture and its application give you a great respect for the physical and energetic body when inserting a needle...this is lost by the western medical practitioners.

Over my years of training i have trained with surgeons, anasthesiologists and phamaceutical doctors, and it is these people that tell the worst and truest stories of the dangers of Western Medical practices....Very Scary:eek:

INDO

UPDATE

The BAcC has recently published some guidance on the upcoming changes. Before going any further, I think it's worth reiterating that the CAP/ASA guidelines will apply to ALL therapists and therapies, not just acupuncturists, and affects all written communications such as leaflets, pamphlets, paid-for column space including "advertorials" and from March 2011, websites as well. In brief, there are severe restrictions on claims that can be made about the types of condition that may be treated by a therapist, with limits on the word "treat" and "treatment" or other words that imply the same meaning, ie help, manage, assist, etc.

The same will apply to testimonials, which may not mention the condition involved, unless it is on the "approved" list; general praise not specific to the actual condition is allowed. This includes patient comments on Google places, which may need to be removed by March.

Therapists will not be able to use phrases such as "....here is a list of some of the conditions about which patients come to see me..."

Links to other websites that list conditions other than the approved ones may be breaking the guidelines.

Public talks remain unaffected- you can say what you want, but you might want to be careful as journalists have been known to record conversations in order to later discredit therapists. Talks are seen as giving information rather than advertising.

Cosmetic acupuncture may not use the terms "revitalisation" or "rejuvination" or similar words that imply the same meaning.

You may not use disclaimers.

Published research may be used, but only in terms of providing information, not advertising.

The BAcC is currently involved in a dialogue with the ASA about improving the current situation. Although the BAcC speaks for its members, the outcome may affect ALL acupuncture practitioners in the UK. Members are required to comply with the recommendations; non-members can make their own choices, but still need to act ethically and lawfully, remebering that there may only be a problem if a complaint is made to the ASA. In the current climate where it seems that some people are on a "mission" to discredit complementary therapies, it might be worth finding new and innovative ways of getting our messages accross.

Such a shame!

All this will do is restrict (even further) the access to these great therapies leaving the options limited for sufferers.

I suppose this will send alot of practitioners into business failure, and will have to seek other employment. Considering there is a shortage of jobs in this country how will this effect the ecomomy?

Do they not look at the 'big picture'!

The only benefit of this that western medicine will obviously increase their revenue through the lack of ' alternative' practitioners.

I think the question is what can we say? not what can't we say?

If a patient says ' i went to ???? for treatment of ???? and i was gone in ??? treatments than that should be set in stone as it is a true representation of the treatment.

I also suppose we will just be able to list the therapies we practice and it will be upto the individual to decide, research and attend treatment.

The whole internet will have to be re-worked!

Is this just a UK thing?

INDO

UPDATE

Therapists will not be able to use phrases such as "....here is a list of some of the conditions about which patients come to see me..."

.

:D:D I have to think of another now! 😡

i thought this would be the most truthful way we could all include our 'conditions treated' to extend the 'possibilities' of treatment outcome.

INDO

Indo, there is no restriction on what you can SAY, only on what you put in print or claim on a website. The answer is to get people to call you for advice about the therapies you offer, which may involve rewording your message. You can TELL someone an much as you like about your successes in treating their particular complaint- you just can't claim it in print, as the ASA sees that as implying that you can successfully "treat" (which they take as implying a cure) everyone else with the same problem. Unless there is good quality evidence, by which they mean evidence collected using double-blind RCT trials, you cannot make any claims about how your therapy is able to treat, cure, fix, manage or help.

Sucks a bit, as even the NHS recommends acupuncture for treating more conditions than those accepted by the ASA.

I'm wondering how chiropractors and osteopaths are going to take it too!

Here's the lastest list from the CAP & ASA

Theres not much we can claim to 'treat' but its the same for a lot of other systems.

I guess this will basically hit the beauty trade hardest and thats not a bad thing because it is all very superficial and people are wasting huge amounts of money attending treatments for what they cliam to provide basically attending what is commonly a very nice looking establishment with nice looking people, without thorough training in their chosen therapies.

There might actually be an upside to all this 🙂

Here's the list and 'key'

P Psychology (for example, psychotherapy, behavioural
therapy, counselling)
M Manipulation (for example, osteopathy, physiotherapy,
chiropractic)
H Hypnotherapy
Ac Acupuncture

Addictions
Alcoholism (Dependence)
Age related Macular Degeneration, AMD
Anaemia
Angina
Anorexia
Arthritis [c.f. Arthritic Pain (M)]
Asthma
Attention Deficit Hyperactivity Disorder, ADHD
Autism
Blood Pressure, High
Bronchitis
Bulimia
Cancer
Cataracts
Crohn’s Disease
Circulation, Poor [c.f. Circulatory Problems]
Chronic Obstructive Airway Disease, COAD
Compulsions (P)
Depression [c.f. Feeling Down or Feeling Blue] (P)
Diabetes
Diverticulitis
Dizziness
Drowsiness
Drug Addiction (Substance Abuse)
Ear Disorders, Serious
Eating Disorders
Emphysema
Epilepsy
Erection Problems or Erectile Dysfunction [c.f.
Temporary Erection Problems, Temporary Erectile
Dysfunction]
Eye Disorders, Serious
Fibroids
Fits
Frigidity (P)
Gall Bladder Disorder
Gall Stones
Genito-Urinary Disorders
Glaucoma
Gout
Impotence [c.f. Temporary Erection Problems,
Temporary Erectile Dysfunction]
Infectious diseases
Infertility [c.f. Sexual Counselling]
Insomnia, Chronic
Jaw Joint Dysfunction
Learning Difficulties
Leukaemia
Kidney Disorders
Malignant Diseases
Mania (P)
Multiple Sclerosis, MS
Malaria
Memory problems or Memory Lapses
Menopausal Symptoms
Menstruation, Regulation of
Metabolic Diseases
Migraine [c.f. Migraine Headaches]
Muscular Dystrophy
Myopathy
Obesity [c.f. Diet, Trouble Sticking to]
Obsessions (P)
Obsessive Compulsive Disorder, OCD (P)
Osteoporosis
Overdose
Pancreastitis
Paralysis
Parkinson’s Disease
Prostate Problems
Psoriasis [c.f. Skin Problems]
Psychosis (P)
Polycystic Ovary Syndrome
Respiratory Diseases
Schizophrenia
‘Senility’
Sexually Transmitted Diseases
Skin Disorders, Serious
Spinal Injuries
Stroke
Hiatus Hernia
Heart Disease
Herpes Zoster (Shingles)
Human Immunodeficiency Virus, HIV
Hypertension
Suicidal thoughts (P)
Thrush, Oral [c.f. Thrush, Vaginal]
Tonsillitis
Tuberculosis
Ulcer, Gastric
Under-eating
Whiplash

Aches and Pains (M)
Acid Indigestion
Acidity, Stomach
Acne
Allergic Rhinitis
Alopecia (Hair Loss)
Anxiety (P)
Arthritic Pain (M)
Athlete's Foot
Backache (M, Ac)
Back Pain (M, Ac)
Bacterial Vaginosis, BV
Bedwetting (P)
Bronchial Congestion
Bunion
Calluses
Candida
Catarrh
Chilblains
Circulatory Problems, Local or Minor (M) [c.f.
Poor Circulation]
Cold
Cholesterol, High
Chronic Fatigue Syndrome (Formerly ME) (P)
Colic
Concentration (P)
Confidence (P)
Constipation
Conjunctivitis
Cough
Cramp (M)
Cystitis
Dandruff
Dental Pain (Ac)
Dermatitis
Diarrhoea, Acute
Diet, Trouble Sticking to (P) [c.f. Obesity]
Digestion Problems (M)
Dyspepsia
Earache
Eczema
Eczema, Stress-related (P)
Emotional Problems (P)
Flatulence
Fluid Retention
Foot Odour
Frozen Shoulder (M)
Gastric Reflux
Gastroenteritis
Gingivitis
Glue Ear
Grief (P)
Guilt (P)
Haematoma
Haemorrhoids
Halitosis
Hayfever
Headaches (P, Ac)
Heartburn
Herpes Simplex
Hoarseness
Impetigo
Indigestion
Indigestion, Nervous
Inflammation
Influenza
Insomnia
Irritable Bowel Syndrome, IBS (H)
Joint Pains (M)
Jumpy (P)
Lethargy (P)
Libido, Low (P)
Lumbago (M)
Menopause
Menstrual Pain
Migraine Headache [c.f. Migraine]
Motion Sickness
Mouth Ulcers
Muscle Spasms (M)
Muscle Tension (M, P)
Nailbiting (P)
Nails, Fungal infections
Nappy Rash
Enuresis (Bedwetting) (P)
Erection, Improved
Erection Problems, Temporary; Erectile
Dysfunction, Temporary
[c.f. Impotence, Erection Problems, Erectile
Dysfunction]
Fears (P)
Feeling Down or Feeling Blue (P) [c.f. Depression]
Fever
Fibromyalgia (Fibrositis) (M)
Relax, Inability to (P, M)
Rheumatic Pain (M, Ac)
Rheumatism (M)
Ringworm
Sexual Counselling (P)
Sciatica (M)
Sinuses, Congested
Sinusitis
Skin Problems [c.f. Psoriasis]
Skin Problems, Stress-related (P)
Sleep, Trouble Getting to (P)
Sleeplessness, Intermittent (P)
Smoking Cessation (P, H)
Snoring (P)
Spasms (M)
Sports Injuries, Minor (M)
Stammering (P)
Stomach, Upset
Stress (P, H)
Tension (P, M)
Tiredness
Thrush, Vaginal [c.f. Thrush, Oral]
Travel Sickness
Verrucae
Water Retention
Warts

Wind

INDO

Learning from the experts in language?

The beauty industry seems to manage to imply all kinds of crazy claims without opening themselves up to legal problems. They spend fortunes on researching how best to advertise. Perhaps we should be observing the language they use to convince and to protect themselves at the same time.
What about phrases like.. "8 out 0f 10 people have said..." or "reported a marked improvement in well being/reduced discomfort/relaxation..." etc. These then are not crazy claims, but only what people report. Each therapists may need to collect their own data (ask 10 people) to be able to back up their claim.
Any suggestions anyone?

The beauty industry seems to manage to imply all kinds of crazy claims without opening themselves up to legal problems. They spend fortunes on researching how best to advertise. Perhaps we should be observing the language they use to convince and to protect themselves at the same time.

Not to mention the small print stating that the person in the advert is wearing hair extensions or false eyelashes etc. IMO, the visual imagery shown in combination with the smallness of the small print and the speed with which that appears and disappears again, is misleading the watcher into believing that what they are seeing is a real effect of the product being advertised.

And anyway, let's ask a scientist if they've ever seen an electron. They all believe they exist; they all 'use' electrons, but nobody has ever seen one. Let's put science in the same basket as all the "religions". 😀

All Love and Reiki Hugs

To quote-"...therapists may need to collect their own data (ask 10 people) to be able to back up their claim."

The British Acupuncture Council has given advice to its members which says we are unable to quote testimonials for specific conditions unless they are those which appear on the "approved" list. Any other testimonials may not state the condition being treated, and have to be generalised to "wellbeing" or "relaxed feeling". A therapist may not state "here is a list of conditions that people come to me with" or similar, and may not quote their individual successes for "non-approved" conditions.

The ASA will only accept evidence from RCT trials. It's difficult for a practitioner to "not know" whether they are administering real or placebo treatment- what is "sham" massage anyway?

The main problem is the ASA redefining what is acceptable- we cannot use the words treat or help, or imply that we can treat or help. You can always jam up their "advice" service with requests for clarification on the wording you intend to use ;), but remember rule 1 of politics; never ask a question for which the answer might be "no"!

Nil illigitimi carborundum!