U.K. Homeopathic Online Claims Challenged In Wider Advertising Review

The U.K. advertising regulator asks homeopathic firms to remove online claims that their products can diagnose, treat or help diseases or health conditions.

The Advertising Standards Authority began contacting homeopathic firms after receiving more than 150 complaints from consumers about claims on more than 100 firms’ websites.

Consumers started submitting the complaints after the agency’s purview in March was extended from reviewing only paid-for ad content to also include claims posted on all U.K. websites, including advertisers’ own sites, ASA said. While the agency always has investigated complaints about ads for homeopathic products or services, broadening its review area prompted a notable number of cases concerning homeopathics.

The Nightingale Collaboration, an advocacy group U.K. researchers and health care providers launched this year, likely prompted some consumers to submit complaints about homeopathic claims to ASA. The group encourages consumers to identify and challenge misleading claims in health care advertising.

According to its website, the group has not decided whether it considers ASA’s response sufficient. “We will need to wait till the ASA completes this mammoth task before deciding if any further project is required,” the group said.

Three Letters To Each Firm

Rather than respond to the consumer complaints, ASA sent three letters to each of the firms identified and will later publish guidance for homeopathic firms’ compliance with the U.K. Advertising Codes. The complaints addressed ads for homeopathic health care services in addition to over-the-counter remedies.

“The high volume of complaints and the number of marketers we need to work with means we’ve taken a different approach to our normal investigation process. We’re now dealing with the complaints as part of a wider investigation project,” ASA said.

The first letter sent to the homeopathic firms explained why ASA contacted the firms and what they need to do next. The second letter clarified some firms’ questions, and the third sought assurances from the firms that they will remove problem claims from their websites.

ASA, which is not a government agency but wields authority recognized by the U.K.’s Office of Fair Trading and Office of Communications, said it “considers there is insufficient robust scientific evidence to support” claims for homeopathic remedies to treat or help specific diseases or health conditions.

The Society of Homeopaths said it welcomes ASA’s “project to look into the evidence base for the efficacy of homeopathic medicine.”

The Northampton, England-based society said it will work with ASA and submit to the agency “the well-established and growing body of research evidence that shows homeopathy to be a safe, clinically-effective and cost-effective option.”

In the U.S., FDA regulations also preclude claims that homeopathics treat or prevent a disease. However, a federal court ruled recently that compliance with FDA’s rule does not pre-empt claims against homeopathic firms alleging violations of state consumer protection regulations (Also see "FDA Regulation Of Homeopathics Does Not Pre-empt Damages Claims – Court" - Pink Sheet, 15 Aug, 2011.).

ASA Expects Changes Across Sector

The U.K. agency said it will monitor the websites of firms it contacted to determine whether they make changes. ASA said it does not plan to contact other homeopathic firms that might be identified in future complaints about websites, noting that it expects the warnings to prompt changes across the sector.

“We won’t be contacting the owners of any other websites that are brought to our attention. But we will retain their websites’ details for future compliance initiatives if we consider such action to be necessary,” ASA said.

Previously, ASA’s oversight of online ads was limited to pop-up and banner ads and other content that firms paid to post on sites other than their own. However, with the proliferation of online advertising on “non-paid-for space under the advertiser’s control,” the U.K.’s Committee of Advertising Practice in September 2010 extended the agency’s reviews to all websites starting in March (Also see "U.K. Advertising Watchdog Will Monitor Facebook, Twitter Ads" - Pink Sheet, 20 Sep, 2010.).

By Malcolm Spicer