ASA complaints: Kleeneze, and 'Dr & Herbs'

[Cassus]

Kleeneze - in a magnetic muddle
scepticalletterwriter.blogspot.com/2010/04/kleeneze-in-magnetic-muddle.html

Just as the supply of complainable adverts had begun to dry up, the cavalry has appeared on the horizon in the form of the Kleeneze Catalogue!

Kleeneze are one of those companies whose agents shove their catalogues through your letterbox every few weeks - in my case, ignoring a polite notice attached to the door, asking them to refrain from doing so.

If even one of these complaints is found to be valid by the ASA, I shudder to think how much it would cost Kleeneze to reprint all of their catalogues.

"I write to complain about the Kleeneze catalogue (Spring/Summer 2010).

I suspect that the catalogue may be in breach of two sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.

I have submitted scans of as many of the relevant pages as the online complaints form will alow. If you would like to email me, I will send scans of the remaining pages.

I can provide an original copy of the catalogue by post, if required.

1. Kleeneze catalogues are distributed door-to-door by "Kleeneze Distributors". Customers are able to place orders with their distributor, who later delivers goods to the customer's door.

2. The Spring/Summer 2010 catalogue contained two supplementary catalogues, one of which was titled "Health & Beauty". The "Health & Beauty" supplement is the subject of this complaint.

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 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..."

Page 28 (top left) - "Spa Hot Rocks"

5. 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:

(i) Spa Hot Rocks can soothe inflammation
(ii) Spa Hot Rocks can stimulate circulation, assisting the body in self-healing

Page 29 - "Magnetic Therapy" products

6. 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:

(i) The Magnetic Knee Support is "ideal for sports injuries or problem joints"
(ii) The Magnetic Elbow Support is suitable for a "painful or injured elbow"
(iii) The Magnetic Wrist Support "ease muscular and joint pain - including repetitive strain and sport injuries..."
(iv) The Magnetic Ankle Support can "reduce swelling and stiffness" and "helps to relieve pain or discomfort in the ankle"
(v) The Magnetic Knee Strap can "aid mobility" and "the magnets help to soothe and ease aches and pains"
(vi) The implied claim that any of the six products on page 29 have any benefits that a non-magnetic product of identical appearance would not have

Page 34 - "Travel Sickness Wristbands"

7. Under Sections 3.1 and 50.1, 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) The wristbands "can offer drug-free relief from nausea and the symptoms of travel sickness"

Page 41 - "Copper Bangle"

8. 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:

(i) The implied claim that copper "reduce rheumatic pain and arthritic discomfort"
(ii) The direct claim that "wearing this bangle" brings "wonderful benefits"

Page 42 - "Magnetic Exercise Disc"

9. 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:

(i) The direct claim that the Disc "help tone your thighs, waist and stomach"
(ii) The direct claim that "your feet can also benefit from the correctly-placed reflex[ology] studs that stimulate the reflexology points in your feet corresponding to all parts of the body"
(iii) The implied claim that the Disc "invoke the body's natural healing powers"

Page 47 - "Magnetic Insoles"

10. Under Sections 3.1 and 50.1, 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) The Magnetic Insole "reduces muscular aches and pains"

11. I confirm that I have no connections with the advertiser or with the publishing and alternative medicine industries in general. I confirm that I am not involved in legal proceedings with the advertiser.

12. I confirm that I am happy to be identified as the complainant."

[Cassus]

Dr & Herbs (part 2) - depression is all about stagnated Qi, you know
scepticalletterwriter.blogspot.com/2010/04/dr-herbs-part-2-depression-is-all-about.html

Dr & Herbs - a Traditional Chinese Medicine (TCM) shop, trading on a high street near you - is one of my favourite advertisers.

In one of their flyers (available here and here) they make some odd claims about a possible treatment for depression.

I'd like to know if they can sustain their claims. ASA complaint follows.

"I write to complain about flyers available outside the Luton branch of "Dr & Herbs", a "Traditional Chinese Medicine" retail outlet.

I suspect that the flyers may be in breach of three sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.

I have submitted scans of the flyer. I can provide an original copy of the flyer by post, if required.

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. The flyer states:

"The depression in modern medicine falls into the categories of "Yu-syndrome" (depressed syndrome) and "Zang Zao" (restlessness of Zang-organs" in Chinese medicine, which are understood to be caused by abnormal emotions leading to the stagnated flow of Qi."

3. (i) Under Section 7.1, I challenge whether the flyer misleads, or is likely to mislead, in comparing "modern [Western] medicine" and "Chinese medicine [TCM]" by failing to note that only the former is an evidence-based practice.

(ii) Under Section 7.1, I further challenge whether the following statements mislead, or are likely to mislead:

(iii) "Protracted or excessive emotional depression could consume the heart Qi and undermine the blood so that the heart fails to be nourished and is thus unable to house the mind, so the mind becomes out of order."

(iv) "Excessive thinking and worrying could over-exert the heart and spleen, leading to the insufficiency of both Qi and blood, so the heart is malnourished and the mind is disturbed, resulting in the waning of heart Qi and declining of courageousness."

(v) "Consitutional Yin deficiency or prolonged liver-Qi stagnation turns to fire, which takes from the Yin-fluid in the body, so the insufficient Yin leads to the flaring up of fire and the floating of the imbalanced Yang."

4. 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."

5. 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..."

6. (i) Under Sections 3.1 and 50.1, 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:

(ii) The advertiser's consultants are capable of selecting "a group of raw herbs...to form a prescription, which is tailor-made for the patient [who has depression]"

7. (i) Regarding the treatment of depression with acupuncture, the Cochrane Review states: [1]

"Main results

This review is an update and now contains data from 30 studies... Thirty trials with 2,812 participants are included in the meta-analysis.

There was a high risk of bias in the majority of trials. There was insufficient evidence of a consistent beneficial effect from acupuncture compared with a wait list control or sham acupuncture control...

Authors' conclusions

We found insufficient evidence to recommend the use of acupuncture for people with depression. The results are limited by the high risk of bias in the majority of trials meeting inclusion criteria."

(ii) Under Section 3.1, I challenge whether the advertiser holds documentary evidence to prove the following claim; under section 50.1, I challenge whether the claim is backed by evidence, where appropriate consisting of trials conducted on people; under Section 7.1, I challenge whether the claim misleads, or is likely to mislead:

"Acupuncture: Chinese acupuncture treatment can ease depression. Some studies found it superior to anti-depressant drugs and with less side-effects"

8. I confirm that I have no connections with the advertiser or with the alternative medicine industry in general. I confirm that I am not involved in legal proceedings with the advertiser.

9. I confirm that I am happy to be identified as the complainant.

Footnotes:

[1] mrw.interscience.wiley.com/cochrane/clsysrev/articles/CD004046/frame.html
"

[Mr. Jon Donnis]

I cant see how Kleenezey can get away with those claims

[fluffet]

Kleeneze have always made me gag ....they target mainly the elderly and housebound with products that are generally geared towards those with aches and pains that old age often brings like the endless "magnetic" s*ite you mentioned in your complaint.

They offer nothing in the way of any real benefit and are full generally of cheap tat that cost little to make for higher returns on pricing...the saddest thing is its now almost a given with many people that "magnetic" tat is linked with helping relieve arthritic pain or muscular aches because of these very adverts and constant claims in nearly every crap mag or catalouge you see for years now.

Similarly even Poundland offers travel sickness bands and copper type tat but at least they only charge a £1 for no effects.

I really hope it does force Kleeneze to have to reprint their booklets...they've been trading on their captive audiences ills for way way way to long and till now seem to get away with it scot free.

[Cassus]

Kleeneze are going to find it a lot harder to sell magnetic therapy products now that they've made it on to my little list.

[catharine]

now that they've made it on to my little list.

That sent a chill down my spine....do you own a hairless cat by chance?