I'm too tired to count them, and anyway, that might appear to be boastful. I've included the whole complaints because they take a slightly novel approach.
Multiple "accurate" psychics in Soul and Spirit magazine: The "Spirit Guide" section of Soul and Spirit magazine contains numerous adverts for psychics who claim to be "accurate".
I'm certainly not going to write a writty emark about each one of them - the ASA are so much better at it, anyway.
I write to complain about a series of adverts in the "Spirit Guide" (classified advert) section of “Soul and Spirit” magazine (April 2010, pages 90-95).
Each of the adverts promotes a telephone psychic reading service and makes an explicit claim of accuracy, which I suspect would be in breach of Sections 3.1 of the CAP Code.
A handful of them use testimonials, which I suspect may be in breach of Sections 14.1 and 14.3 of the CAP Code.
To avoid submitting the same scans several times, I have arranged the adverts here into a single complaint. I am prepared to re-submit individual complaints about each advert, if necessary. I can provide an original copy of the pages by post, if required.
19. Under Section 14.1, I challenge whether the advertiser holds signed and dated proof, including a contact address, for the testimonial used.
20. I confirm that I have no connections with the advertisers, with the magazine, or with the publishing industry in general. I confirm that I am not involved in legal proceedings with the advertisers or the magazine.
21. I confirm that I am happy to be identified as the complainant.
It's quite a relief when magazines like Soul and Spirit put lots of bulls*it adverts together in a single "advertorial". No problems with four of the products, but the ASA ought to know about the remaining three.
I write to complain about three adverts in a feature marked as an "advertorial" in "Soul & Spirit" magazine (April 2010, page 70-71).
I suspect that the advertorial is in breach of three sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.
I have submitted scans of the adverts. I can provide an original copy of the adverts by post, if required.
"STRENGTHEN YOUR AURA" (pyramiddevie.com)
1. The CAP Code, Section 7.1, states "No marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise."
2. Further to my complaint of 11th March, also concerning the "Pyramid de Vie", I challenge whether the before and after "aura photos" featured in the "Soul & Spirit" advert are likely to mislead consumers into believing that the Pyramid de Vie has scientifically-detectable physical effects on the body.
3. A separate advert for the "Pyramid de Vie" appears on page 96 of "Soul & Spirit" magazine.
4. Under Section 14.1, I challenge whether the advertiser holds signed and dated proof, including a contact address, for the testimonials used on page 96.
"CRYSTAL HEALING" (balancecrystals.com)
5. The CAP Code, Section 3.1, states "Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation."
6. The CAP Code, Section 50.1, states "Medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people..."
7. I challenge whether the advertiser holds documentary evidence to prove any of the following claims, and I challenge whether the claims are backed by evidence, where appropriate consisting of trials conducted on people:
(i) "Using a Crystal Kit" can "alleviate [the] symptoms" of tiredness, depression or suffering from pain and illness
(ii) The Crystal Kit gives the best chance of recovery from disease
(iii) The Crystal Kit may help with "back pain, low confidence, depression, detox, fertility, energy, hayfever, headache, IBS, meditation, psychic development, relaxation, relationships, stress and many more"
(iv) The Crystal Kit has been charged ready for use
(v) The Company are capable of custom-making a Crystal Kit for particular [medical] problems
"DON'T GO SKULKING AROUND" (unknown company)
8. I challenge whether the advertiser holds documentary evidence to prove the following claim, and I challenge whether the claim is backed by evidence, where appropriate consisting of trials conducted on people:
(i) Crystal Skulls can intensify your clairvoyant and clairaudient abilities
9. I confirm that I have no connections with the advertiser, with the magazine, or with the publishing and alternative medicine industries in general. I confirm that I am not involved in legal proceedings with the advertiser or the magazine.
10. I confirm that I am happy to be identified as the complainant.
The next lady puts huge adverts in every woo magazine in the universe. She must be pulling in megabucks.
I really, really hope this one is successful.
Michele Knight is a successful entrepeneur, the owner of an ostensibly successful telephone psychic reading service.
She is also a woman about whom it could hardly be said there was any imminent danger of malnutrition.
Michele's double-page ad in this month's Soul and Spirit magazine is full of glowing testimonials. I'd like to know whether Michele has compiled the proper paperwork.
I'd also like to know whether, taken together, the twelve testimonials constitute a claim of "accuracy".
I write to complain about an advert in “Soul And Spirit" Magazine (April 2010, pages 76-77), which promotes a telephone psychic reading service for Michele Knight Ltd.
I suspect that the advert may be in breach of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.
I have submitted a scan of the advert. I can provide an original copy of the advert by post, if required.
1. The CAP Code, Section 14.1, states "Marketers should hold signed and dated proof, including a contact address, for any testimonial they use. Unless they are genuine opinions taken from a published source, testimonials should be used only with the written permission of those giving them."
2. I challenge whether the advertiser holds signed and dated proof, including a contact address, for each of the twenty-four testimonials appearing in the advert.
3. The CAP Code, Section 3.1, states "Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation."
4. The CAP Code, Section 14.3, states "Testimonials alone do not constitute substantiation and the opinions expressed in them must be supported, where necessary, with independent evidence of their accuracy. Any claims based on a testimonial must conform with the Code."
5. I challenge whether the testimonials, taken together, constitute an implied claim of accuracy (Section 3.1), given that
(i) The words "accurate" or "accurary" appear six times
(ii) The phrase "spot on" appears six times
(iii) The phrases "precise", "he was right" and "she told me things that she could not possibly have known" each appear once
(iv) Under Section 14.1 of the Code, "Testimonials alone do not constitute substantiation"
6. If the testimonials, taken together, do in fact constitute an implied claim of accuary, I challenge whether the advertiser can provide independent evidence of their accuracy (Section 14.3).
7. I challenge (under Section 3.1) whether the advertiser holds documentary evidence to prove the claim that "each [of the readers featured] has been tested by me".
8. I confirm that I have no connections with the advertiser, with the magazine, or with the publishing industry in general. I confirm that I am not involved in legal proceedings with the advertiser or the magazine.
9. I confirm that I am happy to be identified as the complainant.
Epic! I've sent you a rather terse sounding message on twitter - damn word limit! Anyway I have looked up the ASA complaint process here, inspired by the Bad Cast. I have been hunting around for any adverts to complain about - have checked NZ womens magazines and my local rag, but to no avail. Any other places I should be looking off the top of your head? Any pointers appreciated ;D
And I would encourage other forum members to follow suit and take inspiration from the Bad Cast and have a go.
Good on you! You could start with "Nexus Magazine" (nexusmagazine.com) which is actually an Australia-based publication, is definitely published in New Zealand (among several other countries) and carries local advertising.
Besides that, the two best sources of advertisements I've found are:
1. Spirituality, alternative health, paranormal and psychic magazines (sadly) aimed at the middle-aged female market
2. Local newspapers
Sometimes it's necessary to wait a few weeks, and then ten buses come along all at once. The fact that you can't find anything is actually a positive thing - perhaps the NZ authorities take consumer protection more seriously than ours do.
Yesterday I submitted a single complaint covering eighteen different advertisements for psychics that litter the pages of Soul and Spirit magazine.
The ASA cynically accepted my willingness to resubmit them all individually. A curse upon them!
I will spare you, dear reader, the necessity of clicking through twenty-six new articles. Here are the edited highlights of today's new ASA complaints, all from Prediction Magazine.
Jillian Lane Psychic TV Elizabeth Francis JJ's Private Eyes "Eve" Psychic Light "Lee" "Jane"
Some advertisements are so thoroughly objectionable, that it's difficult to know where to start.
Life Healthcare's advert appeared as in insert in this month's Natural Health magazine (available here, here, here and here).
I'll let my ASA complaint speak for itself. It was a real struggle to fit it into 5,000 characters.
"I write to complain about an leaflet inserted into copies of “Natural Health" Magazine (April 2010) which promotes the "Thyrosine Support Formula".
I suspect that the advert may be in breach of six sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.
I have submitted scans of the advert. I can provide an original copy of the advert by post, if required.
1. Under Sections 3.1 and 50.1, I challenge whether the advertiser holds documentary evidence to prove any of the following claims, and I challenge whether the claims are backed by evidence, where appropriate consisting of trials conducted on people:
(pages 1-2)
(i) Thyrosine is a "natural answer" in "the struggle to lose weight"
(ii) Thyrosine contains "essential herbs and nutrients that help your body to stimulate and normalise your thyroid glands naturally"
(iii) Thyrosine is "clinically proven to reduce symptoms and normalise thyroid hormones"
(iv) Thyrosine "improves digestion and increases burning of dietary fats"
(v) Thyrosine is "highly effective"
(vi) Thyrosine contains "100% natural ingredients with no harsh chemicals or unwelcome side effects"
(vii) Thyrosine gives you "more energy", "better hair and skin", "lower cholesterol", "reduced joint pain", "better concentration/memory", "fewer depression symptoms" and a "regulated libido/menstrual cycle"
(viii) "If you suffer from an under-active thyroid" then "scientific studies prove [by using Thyrosine] that there is hope"
(pages 3-4)
(ix) "Conventional medicine does not have the best testing or treatment methods for an under-active thyroid"
(x) Thyrosine is a "solution to your problem" [of finding a medicine "without side effects that are worse than your symptoms"]
(xi) Thyrosine can "help to repair, improve, and sustain your thyroid gland without harsh chemicals or severe side effects"
(xii) Thyrosine provides the iodine that the thyroid gland "needs to reduce the chances of developing a goitre [an enlarged thyroid gland]"
(xiii) Thyrosine "supplies your thyroid and your body with essential nutrients to help restore your thyroid gland to normal function and stimulates glandular activity"
(xiv) Thyrosine helps you "produce normal levels of thyroid hormones without any harsh chemicals or side effects"
(xv) "Documented international research" shows Thyrosine "[helps] provide your body with many of the essential nutrients your thyroid needs to function properly"
(xvi) Thyrosine "works to help your body increase the efficiency of your thyroid gland"
(pages 5-6)
(xvii) "No product has been more successful in helping an under-active thyroid gland thanks to the ingredients in Thyrosine"
(xviii) Users of Thyrosine can expect "a boost in your energy levels"
(xix) Thyrosine gives the kidneys and liver "a break", and allows them to "convert the thyroid hormone faster and more efficiently"
(xx) "Thyrosine contains ingredients that help protect the liver as well as increase and aid digestion"
(xxi) "Thyrosine...contains ingredients that researchers have found increase the metabolism of consumed fats"
(xxii) "Most people report that within two to four weeks of taking Thyrosine...they being to notice a change in their overall feeling of wellness and report improvements like... increased energy, improved metabolism, easier weight loss, better mental function, fewer symptoms of depression, decreased mood swings and irritability, greater ability to tolerate cold, regulated bowel movements, improved skin and hair texture, lower levels of 'bad' (LDL) cholesterol, more regulated libido, regulated menstrual cycles, better concentration, better memory, less clumsiness, reduced joint pain"
2. Under Section 14.1, I challenge whether the advertiser holds signed and dated proof, including a contact address, for the three testimonials (in red text, on pages 4, 5 and 6) and for the testimonials of "most people...taking Thyrosine" ("Q: What about my symptoms?", page 6)
3. Under Section 14.3, I challenge whether the three highlighted testimonials, and the testimonials of "most people", are supported, where necessary, with independent evidence of their accuracy.
4. Under Section 7.1, I challenge whether the text in the red box on page 4 ("What can Thyrosine support formula do for you?") misleads consumers by discussing research on products that are not Thyrosine.
5. I challenge whether the section "Clinical research demonstrates success" misleads consumers by referring to an unnamed "herbal preparation", not to Thyrosine.
6. I challenge whether the section "Q: What about my symptoms?" misleads consumers by presenting testimonial evidence as if it were clinically reliable.
7. Under Section 2.1, I challenge whether the "Saving" figures quoted on page 8 (e.g. a saving of £12.00 for 1 bottle) are truthful.
8. I confirm that I have no connections with the advertiser, with the magazine, or with the publishing industry in general. I confirm that I am not involved in legal proceedings with the advertiser or the magazine.
9. I confirm that I am happy to be identified as the complainant."
Health & Vitality UK Ltd are one of those miracle diet pill companies your mother always warned you about.
Or are they?
Well, the lesson of this advert is that a single clinical trial at a Cameroonian university - involving only 74 participants and not subsequently published in a respectable peer-reviewed medical journal - just isn't good enough.
The company's claims may yet prove to be correct, but I'll let the ASA make that decision.
Spirulina is the common name for two species of microscopic algae (Arthrospira maxima and Arthrospira platensis) that are rich in proteins, fatty acids, minerals and (some) vitamins - providing you're prepared to consume them in their natural state.
Studies have demonstrated some positive effects in humans, but unfortunately, desperate salesmen are often prone to overstating the benefits.
I don't know about you, but I'm stubbornly proud of my bottle green eyes, and so I was excited to read about a new product that will help keep them sparkling.
The advert for "Wellbeing" in Natural Health magazine is full of scientific pseudo-gibberish that hardly any of its readers could be expected to comprehend - a usually reliable sign that the advert is complainable.
New Nordic are the manufacturers of this bespoke "detox plan", advertised in this month's Natural Health magazine.
Unfortunately, I understand that there is no evidence that "detox" regimes are anything more than elaborate fairy stories. I have put my concerns to the ASA.
The National Hypnotherapy Council claim that "Hypnotherapy is an effective treatment for many conditions that is proven to work by an overwhelming amount of research."
From what I understand of the available evidence, this claim seems difficult to support.
A standard ASA complaint follows - but I hope that no-one there reads it, since I managed half a dozen gratuitious misspellings of the word "hypnotherapy".
"I write to complain about an advert in “Natural Health" Magazine (April 2010, page 22), which promotes the National Council for Hypnotherapy.
I suspect that the advert may be in breach of two sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.
I have submitted a scan of the advert. I can provide an original copy of the advert by post, if required.
1. The CAP Code, Section 3.1, states "Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation."
2. The CAP Code, Section 50.1, states "Medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people..."
3. I challenge whether the advertiser holds documentary evidence to prove any of the following claims, and I challenge whether the claims are backed by evidence, where appropriate consisting of clinical trials conducted on people:
(i) Hypnotherapy is able to help with irritable bowel syndrome (ii) Hypnotherapy is able to help with weight control (iii) Hypnotherapy is able to help with smoking cessation (iv) Hypnotherapy is able to help with panic attacks (v) Hypnotherapy is able to help with skin problems
4. I challenge whether the statement "Hypnotherapy is an effective treatment that is proven to work by an overwhelming amount of research" can be substantiated.
5. I confirm that I have no connections with the advertiser, with the magazine, or with the publishing and alternative medicine industries in general. I confirm that I am not involved in legal proceedings with the advertiser or the magazine.
6. I confirm that I am happy to be identified as the complainant."
Post by The Legendary Barb on Mar 29, 2010 20:46:23 GMT
Cassus, I am full of admiration for your determination in all your complaints to the ASA Whenever do you find the time to eat ,sleep,take a bath, go to the loo even?. I read your posts and will happily admit to being [forgive the expression] gob smacked. You really are getting results and are becoming a legend in your own lifetime. May you continue to do so. Until that is, all those people who place the ads have to think twice about having them put in print, for fear of your wrath falling on them when they advertise something, that they know they cannot honestly claim. Please have Karma.
perhaps the NZ authorities take consumer protection more seriously than ours do.
Thanks for your pointers yoda. Just been to supermarket and picked up Rainbow News (www.rainbownews.co.nz). Off the chain woo advertising. I'm on the case!
"You know, I rather like this God fellow. Very theatrical, you know. Pestilence here, a plague there. Omnipotence... gotta get me some of that."
As you know, we’ve been looking into your complaints against ads in Prediction, Natural Health & Soul & Spirit magazine.
You may or may not know that we’ve previously investigated and upheld complaints against these types of issues, I’ve therefore passed the cases to our Compliance team, which will follow it up.
In other words, the ASA have accepted every single one* of the twenty-six complaints I made about psychics in this thread.
This confirms, once and for all, that adverts for psychics cannot contain claims of accuracy.
Epic win!
(*not including Michele Knight Ltd - that case in ongoing)
My psychic powers are telling me that Michele Knight will dispute my complaint, and also that it will go to a full ASA adjudication, and also that the complaint will be upheld.
