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Unbelievable - Singh case
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Details of the meeting on Monday 18 May: Support Simon Singh and Free Speech!Quote: SIMON SINGH will announce his decision whether to appeal.
Speakers so far confirmed include:
the leading journalist NICK COHEN bestselling author and comedian DAVE GORMAN
as well as Simon himself.
Meeting will be chaired by Prof CHRIS FRENCH, editor of The Skeptic.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 14th, 2009, 10:36 pm |
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jdc
Joined: January 27th, 2009, 10:03 pm Posts: 272
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 Re: Unbelievable - Singh case
Quote: ...Rose Shapiro's book, Suckers— How alternative medicine makes fools of us all... It's on my list of "books I should read".
_________________ My Blog; Twitter. Email: 325jdc325 (at) googlemail.com
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| May 15th, 2009, 11:32 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
jdc wrote: Quote: ...Rose Shapiro's book, Suckers— How alternative medicine makes fools of us all... It's on my list of "books I should read". In some ways, you don't really need to read it — you know what it says! However, it is a good read and she is very witty and irreverent. In many ways, it is similar to Trick or Treatment, but a bit more vehement about the lack of evidence.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 15th, 2009, 11:37 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
I've been looking through all the ASA's adjudications against chiros and thought a summary of them might be useful to help understand what whacky claims are made and how the ASA deals with them. See the ASA's website for full details of the offending adverts, the ASA's response and investigation. The list of these can be found here. David Stevens t/a Vital Body ClinicQuote: The General Chiropractic Council objected to a leaflet that stated "''David Stevens'' CHIROKINETIC THERAPY ''Let Nature be your teacher''". The leaflet, which explained the theory and procedure of the therapy, listed on its back page serious diseases and conditions including "ANAPHYLAXIA", "ANOREXIA", "DEPRESSION", "FERTILITY", "M.E [sic]" and "PALPITATIONS". The complainants challenged whether the advertiser could prove the efficacy of chirokinetic therapy in treating the serious medical conditions listed in the leaflet. This was brought by the GCC — why did they not deal with this internally? This was a chiro who already knew that his particular quackery worked and announced it, then pretended to do the trial to prove it. Tut, tut. Result: upheld. Optimum Health CentresQuote: One complainant challenged: 1. whether the ad feature made sufficiently clear it was advertising material; 2. whether Robert Delgados testimonial was genuine; and 3. the claim "There are many scientific studies that show that spinal adjustments can actually improve your immune system by up to 200%". 4. Two complainants challenged whether the use of "Dr" and the claim that an osteomyologist had equal amounts of training as a regular medical doctor were misleading. 5. The ASA challenged the efficacy of the treatment for the listed conditions. The testimonial appeared to be genuine, but all other complaints were upheld. Spinal Health CentreQuote: 1.The General Chiropractic Council (GCC) noted Dr Paul Marshall was no longer listed on the GCC's Register of Chiropractors and that he did not appear on the GMC's List of Registered Medical Practitioners. They objected that ad misleadingly implied that Dr Marshall was a registered medical practitioner or a medically qualified specialist such as a chiropractor. The ASA challenged whether the ad: 2. implied that Dr Marshall could treat serious medical conditions such as migraine; and 3. encouraged treatment of serious or prolonged medical conditions without suitable medical qualifications. The GCC complaining again against one of their members! All upheld. Ideal Spine CentreQuote: 1. The General Chiropractic Council (GCC) noted Christian Farthing was currently suspended from the GCC's Register of Chiropractors and that he did not appear on the GMC's List of Registered Medical Practitioners. They objected that ad (a) misleadingly implied that Christian Farthing was a registered medical practitioner or chiropractor.
2. The ASA challenged whether ad (a) implied that the ISC could treat serious medical conditions such as migraine.
3. A member of the public challenged whether ad (b) encouraged treatment of serious or prolonged medical conditions by unqualified practitioners.
4. The same member of the public objected that it was misleading for ad (b) to offer a "Spine & Health check" as he believed this was not carried out by medically qualified staff. Another one! Are the GCC a real regulator after all? Well, they came across a chiro who appeared to be practising while not on the GCC register, which is a legal requirement. So, what did they do? They complained to the ASA. Well, that's all right, then. All but item 4 upheld. They were told they cannot call themselves 'Doctors'. Wellness CentreQuote: 1. The General Chiropractic Council (GCC) and a member of the public objected that Peter Olsson was not entitled to describe himself as "doctor". The GCC said Peter Olsson had taken voluntary removal from their Register of Chiropractors and he did not appear on the GMC's List of Registered Medical Practitioners.
The same member of the public challenged whether:
2. the description "spinal specialist" misleadingly implied that the advertiser was a medically-qualified specialist;
3. the claim "I'm so impressed with the other miracles I see" gave a misleading impression of the efficacy of the treatments offered;
4. the claim "over 90% of patients who saw a spinal specialist were satisfied with their results" was misleading and could be substantiated;
5. the claim "published, peer-reviewed research indicates that the immune system may be enhanced by spinal adjustments" was misleading and could be substantiated.
6. The ASA challenged whether the ad implied that chiropractic treatment could treat serious or prolonged medical conditions such as migraines, whiplash and chronic pain. Here they are again! If they suspected someone was practising illegally, is that not a metter to report to the police, not the ASA? For item 4, they provided customer satisfaction survey data that showed their claim to be justified. Other that that one, all other complaints were upheld. Gonstead Clinic of ChiropracticSome or all of the chiros at this shop are BCA members. Quote: The General Chiropractic Council challenged whether the claim "The Gonstead System of Chiropractic ... remains the leader in Chiropractic techniques due to the lengthy training a Gonstead Doctor receives" was misleading and could be substantiated. ...and again, the GCC are using the ASA instead of their own code of conduct. In this case, Gonstead Clinic of Chiropractic didn't bother to reply to the ASA, so they lose by default. BritChiro Clinics LtdQuote: 1. The Carlton Clinic challenged whether the ad misleadingly implied that the practitioners listed held general medical qualifications.
2. The ASA challenged whether the ad offered treatment for serious medical conditions without the supervision of a doctor or suitably qualified health professional, and
3. whether the treatment was proven to be effective for the serious medical conditions listed, as implied by the ad. The first was upheld (they were trying to get away with using the prefix 'Dr' for their quacks). Surprisingly, the second point, which was raised by the ASA themselves, was not upheld. The third was upheld and were told not to make claims about arthritis, chronic pain and whiplash because they had failed to provide good (ie scientific) evidence for such claims. The ASA consulted an (unnamed) expert to help them. Optimum Health CentresThis is their second complaint. Quote: 1. Both complainants thought the ad misleadingly implied that "Dr. Michael" held general medical qualifications.
2. One of the complainants challenged the efficacy of the treatment for the listed ailments, particularly migraine and whiplash, which were serious medical conditions.
3. The ASA challenged whether the ad was irresponsible, because it encouraged treatment of serious medical conditions without the supervision of a doctor or suitably qualified health professional, and discouraged the use of conventional medicine and medical supervision for such conditions.
4. The ASA challenged whether the claim "Dr. Michael Mathews, MAO ... is a registered Osteomylogist [sic]" misleadingly suggested Michael Mathews was registered with a medical or statutory body. All upheld, of course. BritChiro Clinics LtdQuote: The Carlton Clinic challenged whether the claim "doctors of chiropractic" misleadingly implied that the practitioners held general medical qualifications. The Cartlton Clinic (who don't seem to be BCA members) have got it in for them, don't they?! However, because they hadn't used the prefix Dr, but the phrase 'doctors of chiropractic', the complaint was not upheld. Ideal Spine CentreTheir second complaint. Quote: A reader believed the ad was misleading because:
1. it claimed that strengthening your spine and nervous system would improve the immune system and the body's ability to fight disease and
2. it claimed that disease originated in the body and outside influences, such as germs, were not significant.
The ASA challenged:
3. whether the ad discouraged people from seeking essential treatment for illnesses from a suitably qualified medical professional. Apparently, Quote: If your doctor has taught you that germs can be caught, your doctor should be the sickest person in the world. The question is, can germs be spread? ... If the germ theory of disease was correct, there would be no one living today to talk about it! Although germs are certainly a factor involved in the diseases of man, the germ alone is not the cause of disease... All upheld. Wigan Family Chiropractic ClinicQuote: A chartered physiotherapist challenged whether:
1. the claim "Chiropractic is quite simply the best way to treat most spinal problems causing neck and back pain" could be substantiated;
2. the claim "Only a Doctor of Chiropractic is trained and qualified to give an adjustment" could be substantiated; and
3. the references to "Doctors" and "Dr" implied that the chiropractors were medically qualified.
The ASA challenged whether:
4. the testimonials misleadingly implied chiropractic had been proven to be effective for treating whiplash and chronic pain. All upheld. An interesting quote from their adjudication: Quote: We noted CAP Code clause 14.3 stated that testimonials alone did not constitute substantiation and the opinions in them must be supported, where necessary, with independent evidence of their accuracy. We did not consider that the evidence sent by WFCC, which consisted of a page from a claims solicitors website and a reference to an article in an orthopaedic medicine journal, were sufficiently robust to substantiate the claims made in the testimonials that chiropractic had been proven to be effective for treating whiplash and chronic pain. Because we had not seen evidence to support the claims made in the testimonials, we concluded that the testimonials gave a misleading impression of the likely efficacy of chiropractic treatment for those conditions and could discourage people from seeking advice from a general medical practitioner. Heresay (ie testimonials) just don't cut it with the ASA - only good scientific data are good enough. Homeo HomeQuote: Monitoring staff challenged whether:
1. the ad gave the impression of professional medical advice;
2. the ad made medical and therapeutic claims for treatments and referred to specific ailments.
3. Monitoring staff challenged the acceptability of broadcasting the ad after two previous upheld adjudications against another homeopathic practice advertised on Channel S Television Group channels. This TV ad wasn't just to do with chiro, but other woo as well. All upheld.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 9:58 am |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Last night's meetingIt was (of course) packed. Still not sure why mjrobbins was so surprised when he got a round of applause when he asked a question! He's obviously too modest. Prof Brian Cox was NOT asked to sing Things can only get better! Nick Cohen was asking for Gimpy (and wondered how he got that name)! Nick Cohen: we need libel law something close to USA system. Dr Evan Harris MP avoided questions about his expenses claim for the evening... Dave Gorman was brilliant. Prof David Colquhoun: chiros should not have been regulated. Met Ariane Sherine! Oh! And Simon Singh was there too! May launch appeal for funds with Sense about Science. I'm sure Jack of Kent will do a good summary. Overall, a great evening, but we've got to wait a bit for Simon's decision (no more than two weeks). Many there wanted him to continue the fight - not just to clear his name because he is right, but for the sake of freedom of speech. However, it is Simon's decision. Whatever he decides, he knows he will have a lot of support. There is a good summary at the New Humanist.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 10:00 am |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
I came across a local chiro yesterday morning who was using the title 'Dr' on his website, but who doesn't appear to have any real medical qualifications. I fired a quick email off to the GCC: Quote: Hi
One of my local chiropractors is referred to as 'Dr Connell Dorrian MSc D.C.' on his website. His GCC registration number is 01359.
I believe there are rules about how a chiropractor uses the title 'Dr' and I wondered if you could tell me the details of this and whether Connell Dorrian is within those rules?
Thanks. I got the following reply: Quote: Dear Sir
Thank you for your enquiry. The relevant part of the Code of Practice for chiropractors states that
“Chiropractors must not use any title or qualification in such a way that the public may be misled as to its mean or significance. In particular, chiropractors who use the title of ‘doctor’ and who are not registered medical practitioners must ensure that they make it clear they are registered chiropractors and not registered medical practitioners.”
Do please let me know if from your perspective the information provided on Connell Dorrian’s website is sufficiently clear. If not, I will draw to his attention any issues that you are able to identify, with a view to remedying any problem.
Yours sincerely
Margaret Coats
Chief Executive & Registrar I certainly will be responding to the GCC and the BCA! I may also complain to Trading Standards (not the ASA, because they would only deal with it if it was an advert elsewhere), but I suspect they'll just pass it on to the GCC. However, may be worth trying. I wonder how many others are doing this... 
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 10:19 am |
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Maria
Site Admin
Joined: July 3rd, 2007, 10:34 pm Posts: 5099 Location: UK
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 Re: Unbelievable - Singh case
Skepticat has blogged about last night's meeting here.
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| May 19th, 2009, 7:36 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 8:16 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Gimpy has written a good blog entry on the BCA's use of the word 'bogus' in their 2003/2004 annual report. So, I though I'd have a look at their last annual report (2007). Quote: Chiropractic is not readily available on the National Health Service in the United Kingdom Quote: although some chiropractors do have contracts with PCT’s (Primary Care Trusts) which administer the funding of healthcare provision in a designated community. Quote: In July 2006 the Department of Health published “The Musculo-Skeletal Services Framework : A Joint Responsibility : Doing It Differently”. This can be found here.This document talks about chiros in the same breath as proper medical practitioners and this is shameful. I think we should be looking to get this document changed. Quote: The UK is becoming more litigious...  Oh, the irony! Quote: Currently there are concerns about the cost of defending our members who have complaints made against them to the General Chiropractic Council and the consequent impact this has on the claims history of the BCA’s block insurance policy. Oh yes! Quote: A recent review of statutory regulation by the Government has resulted in recommendations that all of the nine medically based statutory regulators should work towards standardisation in the management of their disciplinary processes. The BCA has been instrumental in putting forward a number of proposals to the GCC for change and it would appear that there is to be some movement in the way in which certain complaints against chiropractors are handled whereby the complaint would be considered by the Professional Conduct Committee without the need for a hearing. These discussions are at a very early stage and the BCA has taken action to ensure that its members have a professional indemnity insurance policy which is fit for purpose and which provides cover for £5m, £2m above the limit that is required by the GCC. This move has to be resisted. As Prof David Colquhoun said last night, chiros should never have been registered in the first place. This move would make them seem even more respectable. Quote: The majority of private medical insurance companies provide cover for chiropractic fees, if referred by an NHS Consultant. An increasing number accept GP referrals and a few companies permit open access by their clients up to agreed limits. This needs to be addressed. Quote: Where appropriate, chiropractors are able to refer a patient for blood testing and other laboratory based tests to the patient’s local hospital. WTF? What's a back-cracker got to do with blood tests? Quote: Currently there are about 180 x-ray installations operated by BCA members across the UK. Since there are just over 1,000 chiros registered with the BCA, this meand that only about 1 in 6 chiros have their own x-ray machine. We should perhaps be thankful it is not higher. Quote: ...a number of chiropractors now will refer patients to their local hospital or discreet imaging centres... WTF is a 'discreet imaging centre'? Quote: The films or scans are however normally read by a consultant radiologist practicing within the District General Hospital. What the hell are NHS consultants doing this for? Is it just screening to see whether there is anything actually wrong with the patient before letting a chiro loose on them? Quote: CHIROPRACTORS IN THE ASSOCIATION/COUNTRY WHO WORK IN HOSPITALS PART OR FULL TIME OR IN GOVERNMENTAL OFFICES This question is very difficult to address, as there is no hard data across the profession which records those individuals who work in a hospital setting. So, they have no idea how many of their members are working 'in a hospital setting'. Bugger all, I hope. Quote: In 2005 the BCA, distributed a questionnaire to its practicing members and one of the questions which was asked of those members was whether or not the respondents wished to work within the National Health Service either in a hospital setting or primary care facility. 41% of the BCA’s members responded and of those who did respond 40% said they would wish to work within the National Health Service framework, 22% sought further information and 37% said they did not wish to. I'm sure they would like to work in the NHS! But I'm relieved there is a significant proportion that don't (I've no idea what the 22% were after). Quote: EDUCATION The GCC has responsibility for accrediting educational institutions in the UK. The Anglo European College of Chiropractic (AECC) currently runs a five year full time course leading to an MChiro in Chiropractic. The Welsh Institute of Chiropractic at the University of Glamorgan, offers a four year full time course leading to a BSc Hons in Chiropractic. Both of these institutions have full GCC and ECCE accreditation. The University of Surrey formerly offered a two-year post-graduate MSc course in chiropractic but the course had limited GCC accreditation and has now graduated its last students. The McTimoney College of Chiropractic in Abingdon has in place a BSc Hons five year course. As of June 2006, the General Chiropractic Council sought the approval of the Privy Council for recognition in respect of awards achieved during the period 1st December 2006 – 31st March 2009 by students currently in Years 3, 4 and 5 of the programme. As at September 2006, the GCC also sought the approval of the Privy Council for recognition of awards achieved by students currently in years 1 and 2 of the programme – this will be during the period 1st December 2009 – 31st March 2011. The General Chiropractic Council requires its education providers to provide an annual report to its Education Committee so that the GCC may be sure that the programme continues to meet their criteria and any conditions of recognition. If problems arise that cannot be rectified, then subject to the approval of the Privy Council, the GCC can remove recognition. The full recognition process is repeated every five years. I thought it was worthwhile giving the whole section on education. So, it looks like the Privy Council has to approve courses — and they want them approved in retrospect! Quote: At the end of the cycle, which occurs on 31st August each year, the chiropractor is required to sign a self-certification declaration that they have completed the learning cycle and evidence may be sought by the GCC to support this.  They rely on the 'students' themselves to verify they've done the work! Quote: The General Chiropractic Council, in common with the other medical statutory regulators in the UK is considering the requirement for re-validation which the Government is making a mandatory requirement for healthcare professionals in the UK within the next five years. This needs looked into to see how we can influence any decision. Quote: RESEARCH In 2006, the BCA has set up a research budget of £50,000, under the chairmanship of Dr Neil Osborne. Thus far, two grants have been made for the fund and the funding will continue in 2008. This £50,000 allocated to 'research' amounts to a measly 2.67% of their income. Not much considering they have £838,918 in the bank. Kinda shows they're not that interested in research. Never mind, perhaps they spent it wisely... Quote: Professor Jenni Bolton and Dr Haymo Thiel also have the results of their study “Safety of Chiropractic Manipulation of the Cervical Spine – Prospective National Survey”, published in the October 2007 edition of Spine. It's not clear this was research done in 2007, but they don't mention any other 'research'. Thiel (that is Haymo Thiel DC, MSc, PhD, DipMedEd, FIACA, FCCS(C), FCC, FBCA, FHEA, FFEAC) is a chiro at the Anglo European College of Chiropractic. Thiel does not appear on the GMC register so could not use the prefix 'Dr' if he was advertising himself/herself as a chiro. Bolton does not appear on the BCA register, the GCC register nor the GMC register. However, this research was simply a survey of their members, asking about adverse reactions to treatment. How the hell they hoped this to be unbiased, I'll never understand. Quote: There were no reports of serious adverse events (defined as “referred to hospital A&E and/or severe onset/worsening of symptoms immediately after treatment and/or resulted in persistent of significant disability/incapacity”. No reports? Now there's a surprise! Quote: This is the largest study of its kind undertaken in the world and it is hoped that these results will provide the chiropractic profession with a more robust defence to its detractors. At the time of writing this report, discussions are underway on how to optimise the publicity with the results of this study in the UK. I wonder if they did publicise this? Then they mention Prof Edzard Ernst's study: Quote: On the 1st July 2007, the Journal of the Royal Society of Medicine published a research paper from Edzard Ernst, entitled “Adverse Effects of Spinal Manipulation : A Systematic Review”. Quote: Fortunately this study did not receive very much media publicity and the results outlined by Ernst are at odds with the study undertaken by Dr Thiel and Professor Bolton. Robust responses were sent to the Journal of the Royal Society of Medicine by the BCA President and Dr Thiel and Professor Bolton and these are to be published in the October 2007 edition. It is also hoped that this correspondence will provide an opportunity for further engagement with the Royal Society of Medicine and its publications on this important issue. Their (inevitably biased) research is just so much better than anyone else's... Quote: Ongoing research into the chiropractic profession is vital as one of the key requirements to assist decision making within the National Health Service is the presence of evidence based research and cost effectiveness. Oh, my irony meter just got bent again! I really should invest in one more robust. Quote: VAT is not chargeable by registered healthcare professionals. Fuck! We subsidise them as well!
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 8:40 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Some video from last night's meeting.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 11:31 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Dismantling the chiropractic claims of the BCA, GCC and others On The Lay Scientist's blog, written by guest blogger, Blue Wode.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 19th, 2009, 11:35 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 20th, 2009, 3:58 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
There may be some good news on this via Jack of Kent's forthcoming blog post (possibly held over until tomorrow). It'll significantly change the way we complain about the chiros - for the better - and may have other ramifications. Watch this space!
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 21st, 2009, 11:09 pm |
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grammar king
Joined: March 14th, 2008, 3:42 am Posts: 840 Location: Merseyside/Edinburgh/Coimbra
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 Re: Unbelievable - Singh case
Look forward to it.
Good work btw Alan.
_________________ Humanist Society at the University of Edinburgh
My Humanist Blog
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| May 21st, 2009, 11:28 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
For completeness, the relevant sections in the The British Code of Advertising, Sales Promotion and Direct Marketing (CAP) seem to be: Quote: GENERAL RULES Principles 2.2 All marketing communications should be prepared with a sense of responsibility to consumers and to society.
Substantiation 3.1 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. Relevant evidence should be sent without delay if requested by the ASA or CAP. The adequacy of evidence will be judged on whether it supports both the detailed claims and the overall impression created by the marketing communication. The full name and geographical business address of marketers should be provided without delay if requested by the ASA or CAP.
3.2 If there is a significant division of informed opinion about any claims made in a marketing communication they should not be portrayed as generally agreed.
3.3 Claims for the content of non-fiction books, tapes, videos and the like that have not been independently substantiated should not exaggerate the value, accuracy, scientific validity or practical usefulness of the product.
3.4 Obvious untruths or exaggerations that are unlikely to mislead and incidental minor errors and unorthodox spellings are all allowed provided they do not affect the accuracy
Matters of opinion 8.1 Marketers may give a view about any matter, including the qualities or desirability of their products, provided it is clear that they are expressing their own opinion rather than stating a fact. Assertions that go beyond subjective opinions are subject to 3.1 above (also see 12.1 below).
Safety 10.1 Marketing communications should not condone or encourage unsafe practices. Particular care should be taken with marketing communications addressed to or depicting children (see section 47).
Testimonials and endorsements 14.3 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.
HEALTH & BEAUTY PRODUCTS AND THERAPIES General 50.1 Medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people. Where relevant, the rules will also relate to claims for products for animals. Substantiation will be assessed by the ASA on the basis of the available scientific knowledge.
50.3 Marketers should not discourage essential treatment. They should not offer specific advice on, diagnosis of or treatment for serious or prolonged conditions unless it is conducted under the supervision of a doctor or other suitably qualified health professional (eg one subject to regulation by a statutory or recognised medical or health professional body). Accurate and responsible general information about such conditions may, however, be offered. 50.1 is the most significant one: Quote: Substantiation will be assessed by the ASA on the basis of the available scientific knowledge. If they can't provide proper scientific evidence to back up a claim, they lose. Simple as that.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 22nd, 2009, 12:18 am |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
There is also this, which states very clearly what the ASA (and hence the GCC) will accept as acceptable chiroquack claims. The second paragraph is the clincher! Remember that the GCC COP talks about 'guidance' issued by the ASA, so it would appear to include this, not just the main CAP. The document referred to ( Health Beauty and Slimming Marketing That Refers to Medical Conditions) is also well worth a read as it gives the details of what they would accept without any further evidence, what they would require evidence for. In the section, 'Conditions for which suitably qualified medical advice should be sought', they list asthma, ear disorders (serious), eating disorders, as conditions for which 'suitably qualified medical advice should be sought'. Colic, sleeping problems, feeding problems (other than 'eating disorders') aren't on the list. They would allow a claim that a chiroquack 'can probably treat' arthritic pain. Their list of 'Conditions for which evidence could be sought by the ASA or CAP' includes colic, trouble getting to sleep and intermittent sleeplessness, meaning that a chiroquack would need to provide scientific evidence for any such claims.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 22nd, 2009, 10:43 am |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
The latest Jack of Kent's blog post...the one in which yours truly gets a mention! Jack of Kent: BCA v Singh: What The Advertising Standards Authority Has Said.
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 22nd, 2009, 10:44 am |
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Alan C.
Joined: July 4th, 2007, 3:35 pm Posts: 7472 Location: Shetland
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 Re: Unbelievable - Singh case
Quote: The latest Jack of Kent's blog post...the one in which yours truly gets a mention! Quote: As the truly excellent Alan Henness ("Zeno") of ThinkHumanism pointed out to me, I sent in another complaint last night to the ASA re "Dr" Les Hall Chiropractor, see if I have any luck this time.
_________________ Abstinence Makes the Church Grow Fondlers.
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| May 23rd, 2009, 8:35 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
Let us know what happens.
There are a few of us doing various things to help and finding that link between the chiroquacktors CoP and the ASA was brilliant — even if I say so myself!
More news later...
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 23rd, 2009, 11:20 pm |
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Alan H
Joined: July 3rd, 2007, 10:26 pm Posts: 8138
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 Re: Unbelievable - Singh case
_________________ Alan Henness
"Le doute n'est pas une condition agréable, mais la certitude est absurde." —Voltaire
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| May 23rd, 2009, 11:41 pm |
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