Minutus

ASA Ruling on Teddington Homeopathy

Teddington Homeopathy

www.teddingtonhomeopathy.com

Date:

22 July 2015
Media:

Internet (on own site)
Sector:

Health and beauty

Number of complaints:

1
Complaint Ref:

A15-299143

Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad

A website for Teddington Homeopathy, www.teddingtonhomeopathy.com, featured a page headed "CEASE". Text stated "CEASE Therapy was developed by Dutch physician Tinus Smits M.D. who was looking for a way to help autistic children. Dr Smits helped over 300 children prior to his death in 2010. Information about his work and several of his cases were published in 'Autism Beyond Despair' in 2010. While Dr. Smits methods were originally designed for children with autism, he and those that he trained have found CEASE Therapy to be beneficial in other conditions including ADHD and ADD. CEASE Therapy involves the gentle removal of toxins from the body using a form of Homeopathy known as Isotherapy. Orthomolecular support is offered in the form of nutritional supplements to nourish the body and restore intestinal function. Classical homeopathic remedies are also prescribed to support the individual". The page also contained links to external websites containing "homeopathy-for-autism" and "homeopathy-and-autism-faq" in the visible URLS, and a testimonial headed "The following testimonial is from a parent of a child currently receiving CEASE Therapy", which described improvements seen in a child diagnosed with autism. Stated beneath this text was "This testimonial represents only the personal opinions of people who have come to me for homeopathy and does not represent evidence".

Issue

The complainant challenged whether:

1. the claims that CEASE therapy could treat autism were misleading and could be substantiated; and

2. the ad discouraged essential treatment for autism, a condition for which medical supervision should be sought.

CAP Code (Edition 12)

12.1 12.2 3.1 3.7

Response

Teddington Homeopathy stated that the page correctly referenced the clinical work of a medical doctor and contained no claims. They stated that in clinical practice Dr Smits found CEASE to be of benefit to individuals suffering from autism and other conditions on the autistic spectrum, and that this was substantiated by his patient records. They stated that the text was not an advertisement or form of marketing, but was intended to provide the general public with correct information about different healthcare options. They removed the testimonial and the section regarding removal of toxins.

Assessment

1. & 2. Upheld

The ASA acknowledged that the web page included information about the history of CEASE therapy. However, we noted that the advertiser provided the therapy in question and considered that the page constituted marketing for the purposes of the CAP Code. The page also contained references to Tinus Smits' experiences with "helping" patients with autism as well as other references to the benefits of CEASE therapy for autism, including material within the testimonial. We considered that visitors to the website would understand the claims in the testimonial as factual, regardless of the disclaimer, and that the claims within the testimonial would therefore be understood as relating to the objective benefits of CEASE therapy. We therefore considered that the ad made claims for the efficacy of CEASE therapy in treating autism.

We welcomed Teddington Homeopathy's decision to remove the testimonial and other material from the page, but considered that the information about Tinus Smits and the URLs still implied a benefit for homeopathy and CEASE therapy for autism, and that the intention of CEASE therapy was to treat autism. Although advertisers may provide information about the history of a therapy, care should be taken not to make unsupported claims for the treatment when describing this background. The Code also stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought, and that this included offering specific advice on, or treatment for, such conditions unless that advice or treatment was conducted under the supervision of a suitably qualified health professional. We considered that autism was a condition for which medical supervision should be sought. In the absence of evidence to demonstrate that CEASE therapy could treat autism and that any treatment was carried out by a suitably qualified healthcare professional, we concluded that the ad was misleading and breached the Code.

The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.1 and 12.2 (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form. We told Teddington Homeopathy not to make unsupported claims for CEASE therapy, including testimonials, or advertise treatments for autism that were not carried out under suitably qualified medical supervision.
Rochelle Marsden MSc RSHom MNWCH AAMET

Southport Homeopathic Practice

Registered Homeopath and EFT (Cert. Advanced) Practitioner, Matrix Reimprinting Practitioner

www.southporthomeopathy.co.uk

https://www.facebook.com/southporthomeopathicpractice



I am on a register accredited by the Professional Standards Authority (PSA)

Yes, it is happening in Australia too, and all on the turn of a word or phrase that would not be misunderstood by Joe or Jane Public.

Some one once told me that if someone wants to beat you, they will find a stick from somewhere with which to do it. Very true - it's not hard.

If the same blowtorch were to be applied to statements of regulating authorities, they would fall at the first hurdle - but there is no one in greater power to do it.

Civil disobedience with support from the homeopathic community is called for in matters such as these.

(And my above statements do not mean that I support CEASE protocols as the first treatment option for autism.)

Fran.

It would be really nice to see a coherent and strong effort to strike back on the ASA. As I understand it, the ASA has
no legal authority—just a lot hubris with authoritarian and judgemental accusations.

t

IF ASA has no legal standing, what would have happened if Teddington Homeopathy did not comply with ASA's demand?

Soroush
From: minutus@yahoogroups.com [mailto:minutus@yahoogroups.com]
Sent: 23 July 2015 01:05
To: Minutus
Subject: [Minutus] This is what we have to put up with in UK
ASA Ruling on Teddington Homeopathy

Teddington Homeopathy

www.teddingtonhomeopathy.com

Date:

22 July 2015
Media:

Internet (on own site)
Sector:

Health and beauty

Number of complaints:

1
Complaint Ref:

A15-299143

Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad

A website for Teddington Homeopathy, www.teddingtonhomeopathy.com , featured a page headed "CEASE". Text stated "CEASE Therapy was developed by Dutch physician Tinus Smits M.D. who was looking for a way to help autistic children. Dr Smits helped over 300 children prior to his death in 2010. Information about his work and several of his cases were published in 'Autism Beyond Despair' in 2010. While Dr. Smits methods were originally designed for children with autism, he and those that he trained have found CEASE Therapy to be beneficial in other conditions including ADHD and ADD. CEASE Therapy involves the gentle removal of toxins from the body using a form of Homeopathy known as Isotherapy. Orthomolecular support is offered in the form of nutritional supplements to nourish the body and restore intestinal function. Classical homeopathic remedies are also prescribed to support the individual". The page also contained links to external websites containing "homeopathy-for-autism" and "homeopathy-and-autism-faq" in the visible URLS, and a testimonial headed "The following testimonial is from a parent of a child currently receiving CEASE Therapy", which described improvements seen in a child diagnosed with autism. Stated beneath this text was "This testimonial represents only the personal opinions of people who have come to me for homeopathy and does not represent evidence".

Issue

The complainant challenged whether:

1. the claims that CEASE therapy could treat autism were misleading and could be substantiated; and

2. the ad discouraged essential treatment for autism, a condition for which medical supervision should be sought.

CAP Code (Edition 12)

12.1 12.2 3.1 3.7

Response

Teddington Homeopathy stated that the page correctly referenced the clinical work of a medical doctor and contained no claims. They stated that in clinical practice Dr Smits found CEASE to be of benefit to individuals suffering from autism and other conditions on the autistic spectrum, and that this was substantiated by his patient records. They stated that the text was not an advertisement or form of marketing, but was intended to provide the general public with correct information about different healthcare options. They removed the testimonial and the section regarding removal of toxins.

Assessment

1. & 2. Upheld

The ASA acknowledged that the web page included information about the history of CEASE therapy. However, we noted that the advertiser provided the therapy in question and considered that the page constituted marketing for the purposes of the CAP Code. The page also contained references to Tinus Smits' experiences with "helping" patients with autism as well as other references to the benefits of CEASE therapy for autism, including material within the testimonial. We considered that visitors to the website would understand the claims in the testimonial as factual, regardless of the disclaimer, and that the claims within the testimonial would therefore be understood as relating to the objective benefits of CEASE therapy. We therefore considered that the ad made claims for the efficacy of CEASE therapy in treating autism.

We welcomed Teddington Homeopathy's decision to remove the testimonial and other material from the page, but considered that the information about Tinus Smits and the URLs still implied a benefit for homeopathy and CEASE therapy for autism, and that the intention of CEASE therapy was to treat autism. Although advertisers may provide information about the history of a therapy, care should be taken not to make unsupported claims for the treatment when describing this background. The Code also stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought, and that this included offering specific advice on, or treatment for, such conditions unless that advice or treatment was conducted under the supervision of a suitably qualified health professional. We considered that autism was a condition for which medical supervision should be sought. In the absence of evidence to demonstrate that CEASE therapy could treat autism and that any treatment was carried out by a suitably qualified healthcare professional, we concluded that the ad was misleading and breached the Code.

The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 12.1 and 12.2 (Medicines, medical devices, health-related products and beauty products).

Action

The ad must not appear again in its current form. We told Teddington Homeopathy not to make unsupported claims for CEASE therapy, including testimonials, or advertise treatments for autism that were not carried out under suitably qualified medical supervision.
Rochelle Marsden MSc RSHom MNWCH AAMET

Southport Homeopathic Practice

Registered Homeopath and EFT (Cert. Advanced) Practitioner, Matrix Reimprinting Practitioner

www.southporthomeopathy.co.uk

https://www.facebook.com/southporthomeopathicpractice



I am on a register accredited by the Professional Standards Authority (PSA)

Tanya I believe you are correct that ASA has no legal authority but unfortunately The Society of Homeopaths to which I belong seems to take them seriously. I have changed wording on my website to :- and then a list!!
Rochelle Marsden MSc RSHom MNWCH AAMET

Southport Homeopathic Practice

Registered Homeopath and EFT (Cert. Advanced) Practitioner, Matrix Reimprinting Practitioner

www.southporthomeopathy.co.uk

https://www.facebook.com/southporthomeopathicpractice



I am on a register accredited by the Professional Standards Authority (PSA)

To answer Soroush’s question—I think the ASA, as citizens or someone they support, most likely, would
bring a lawsuit. I don’t know what kind of standing they would have in a UK court. The homeopathic community
would need to mount a counter defense and it would probably be a long and ugly fight as judged by what happens
in the US. It would require excellent legal and professional assistance.

The biggest problem that I see is whether the community has enough heart and back bone to take on such a definitive
fight.

Again, based on US experience, we see what happens when a lone person takes on the battle. We have Irene’s recent
experience when she was legally assaulted. Without great financial backing and without an organized and active community,
she was legally trashed.

But we do have successful stories and leaders in the UK and the US. I think people should be studying the history and personal
experiences of holistic healers in order to learn what works and doesn’t work. After all, that is the purpose of history!

tanya

The Society of Homeopaths want to be part of PSA (Professional Standards Authority) and I believe that they insist on compliance with ASA.

That is one reason why the Alliance of Registered Homeopaths is not going down that road, as it is asking homeopaths to agree to restrictions that we cannot, and will not accept.
Steve Scrutton
Director, ARH
steve@a-r-h.org
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Glad to hear that Soroush. It always seems to be that there are people who will sell their soul to the devil
for a few crumbs. It shows a sad lack of backbone and integrity for principles.

t

This intrigues me.....naive question coming up...

Does that mean that if you are a member of SoH, you could be facing a trial, but by being a member of ARH, you are immune of prosecution.

Does not make sense but we have seen worse from Albion...........

Joe.

Dr. J. Rozencwajg, NMD.

"The greatest enemy of any science is a closed mind"

www.naturamedica.co.nz

Speaking from my experience, Joe, the prosecution lays claims according to the laws of the country (not the regulations of associations) and then draws homeopathy under the big "medicine" umbrella to show that medicine does not accept the plausibility of homeopathy for whatever the charge is about.

The folly of the SoH (and other associations who have adopted these types of positions) is that the prosecution and court are now in the powerful position of being able to show that a peak body, with official recognition, doesn't agree with whatever the homeopath was charged with, and so, case over. The homeopath, only doing what a homeopath has always done, is fatally wounded in court by his or her own association - which then goes on to set a precedence for future court cases re homeopaths and homoepathy in court. This last sentence is very important for homeopaths everywhere to understand.

And not trying to speak in place of what UK homeopaths might say, I think the only immunity UK homeopaths will have from the ARH stance is that their own association will not deregister them for something the SoH will, and presumably, homeopaths not able to obtain registration with the SoH because of how they practice in this matter, can with the ARH - which presumably has less official recognition even though it is the association trying to protect our practices.

Fran.