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This information outlines examples of advertising claims that don't meet the legal requirements and how to make them compliant. Ahpra and the Chinese Medicine Board of Australia (the Board) are sharing these examples to help you check your own advertising to ensure you comply with your obligations under the National Law.
Why the advertising is non-compliant and how the specific examples could be corrected is based on our assessment of advertising complaints we have received for the Chinese medicine profession. To do this we apply the National Law and any further guidance that National Boards and Ahpra publish, including the Guidelines for advertising a regulated health services and resources on our websites.
The examples below are specific to Chinese medicine practitioners and are some of the most common mistakes we see. We have also published common examples which highlight advertising from various regulated health professions but are still important to help you make your advertising compliant.
Advertising by Chinese medicine practitioners often includes therapeutic claims about treatments as well as regulated health services. Where the advertising of treatments mentions a therapeutic good (a medicine or a device), a complaint about the advertising may be referred by Ahpra to the Therapeutic Goods Administration for consideration.
Claims in advertising to the public about the treatment of health conditions or the alleviation of symptoms where provision of the information does not involve consultation with a practitioner, need to be supported by acceptable evidence.
Ahpra and the National Boards have developed an acceptable evidence framework to help you assess evidence for claims made in advertising. The Board has issued general advice in a Position Statement and in its newsletter about this. In summary, you should not make claims in advertising about the effectiveness of a treatment or a regulated health service you provide unless those claims can be substantiated with acceptable evidence.
Internationally, scientific research into Chinese medicine is active; however, there are therapeutic areas where there is insufficient evidence. Furthermore, the holistic and highly-individualised treatment for patients may not, in fact, be amenable to scientific studies.
Particular points to note are:
These examples highlight non-compliant advertising by Chinese medicine practitioners and/or Chinese medicine practice related websites, Facebook pages, print advertisements and/or advertising by Chinese medicine practitioners or Chinese medicine clinics on third party websites. Practitioners are not responsible for removing (or trying to have removed) testimonials published on platforms they do not control or on sites that are not advertising a regulated health service.
Acupuncture and herbs are both an integral part of Chinese medicine practice, which has been proven to be a very safe and effective healthcare modality in Australia.
This advertising is considered false, misleading and deceptive. Parts of this advertising are unqualified and/or are not supported by acceptable evidence and therefore may mislead consumers.
It is potentially misleading to state or imply that a Chinese medicine treatment or a particular approach is safe without also acknowledging that individuals respond differently and all forms of treatment have the potential for adverse events. Advertising about Chinese medicine treatment should not imply that a treatment or service cannot cause harm or have no adverse effects. Generalisations about Chinese medicine being effective are also often misleading and risk implying an unreasonable expectation of benefit.
This statement could be corrected to read:
Chinese medicine is generally considered to be safe but occasionally (as with all health treatments) may be associated with possible adverse reactions in individual cases.
Chinese medicine treatment can assist with:
This advertising is considered misleading and deceptive. Referring to very broad health areas without explaining specifically where and how Chinese medicine can help may mislead consumers and create unreasonable expectations. There is not acceptable evidence to cover the full spectrum of a set of conditions such as autoimmune disorders.
Advertising must be supported by acceptable evidence. For example, the evidence may support the treatment of symptoms or a specific disease.
The example could be rectified by advising that:
Chinese medicine treatment may be able to assist with:
Pay particular attention to:
This advertising is considered false and misleading.
Parts of this advertising are unqualified and/or are not supported by acceptable evidence and therefore are false and may mislead consumers.
Pain and stress are both symptoms that are often managed by Chinese medicine practitioners. As these are symptoms, rather than specific health conditions, including these in advertising is unlikely to mislead consumers.
Acupuncture may assist with pain management and may be able to assist with depression that is related to chronic pain by managing the underlying pain, rather than treating the depression itself. If you make this clear in your advertising then you will be unlikely to mislead consumers.
Chinese medicine treatment can help with:
Acupuncture
This advertising is considered misleading and deceptive.
Parts of this advertising are unqualified and/or are not supported by acceptable evidence and therefore may mislead consumers.
Many Chinese medicine practitioners make treatment claims relating to fertility. For the purposes of advertising there is insufficient evidence that Chinese medicine can effectively treat infertility or improve fertility, therefore it’s not appropriate to make claims about this in advertising.
In relation to a claim about supporting infertility treatment, this may be appropriate to include in advertising with the appropriate context.
There is some research evidence that Chinese medicine treatment may assist in supporting specific fertility treatments such as IVF, and there is also broad agreement by Chinese medicine practitioners and other health practitioners about acupuncture as an adjunct treatment for IVF. If this is made clear in your advertising that this is the case then you will be unlikely to mislead consumers.
can assist with fertility
and
can also be used to help support other fertility treatments
Many health practitioners may recommend acupuncture as an adjunct treatment that may assist with IVF treatment. There is continuing research about how acupuncture can assist with the effectiveness of IVF treatment and you should consult your treating practitioner/s about how acupuncture may be able to help you.
There is insufficient scientific evidence to be able to make advertising claims that acupuncture or Chinese medicine treatment can treat the conditions listed in red.
The Board is particularly concerned about these types of claims in advertising given they refer to significant medical events.
Are you pregnant? Chinese medicine treatment may be able to help pregnant women with:
Our practice includes Dr Li (Chinese medicine practitioner),
This advertising is considered misleading and deceptive as it includes claims about specialising.
Chinese medicine practitioners cannot use the term ‘specialist’ or ‘specialising’ (or similar) when referring to their practice or registration in their advertising.
‘Specialist’ is a category of registration under the National Law. However, there are no recognised specialist categories in the Chinese medicine profession. Even if you have extensive training and experience, you cannot give the impression or advertise that you specialise or are a specialist health practitioner.
This advertising would need to be corrected by removing the reference to specialising in antenatal care.
Instead, Dr Li could say:
who specialises in antenatal care.
I have over 10 years’ experience providing antenatal care.
Jac, 47, is one of our many patients who experienced great results with Chinese medicine treatment who says: ‘All the acupuncturists at this clinic are great and so are the results. My chronic back pain is much improved after only five sessions’.
This advertising includes a testimonial.
Testimonials or purported testimonials are prohibited under the National Law when advertising regulated health services.
Feedback or reviews from patients that include a clinical aspect of a regulated health service cannot be used in advertising.
The testimonial in red includes a clinical aspect and is prohibited in advertising - it will need to be removed.
The statement in green can be used because it doesn’t include a clinical aspect and therefore is not considered a testimonial.
A clinical aspect exists if one of the following is expressed:
If you’re unsure about whether or not a review used in your advertising breaches the prohibition on testimonials, you may wish to seek independent advice or remove it from your advertising.
Alex, 35, says: ‘The practice is in a great spot so parking isn’t a problem. The staff are lovely and I have been going there for many years’.
Disclaimer: The information used in these examples is for guidance only. If, after reviewing the examples listed, you are still unsure if your advertising complies with the National Law we recommend you seek advice from your professional association, insurer and/or independent legal adviser.