Advertising Regulation

Members of FNTP have been amongst many practitioners in various disciplines of Complementary and Alternative Medicine (CAM) who have been unjustly accused by a private Limited Company called the Advertising Standards Authority (ASA) of being in breach of UK law when adverting their services.  With the help of the General Regulatory Council for Complementary Therapies (GRCCT) none of the accusations against FNTP members have been actioned by Trading Standards.

We are very pleased to join with organisations in a wide range of disciplines in support of The Road to Change proposal which will facilitate industry-informed voluntary regulation of advertising in our sector.

The House of Lords Select Committee have now opened an Inquiry into the Advertising Industry and asked if there should be a different regulator.

In the interests of transparency copied below are the GRCCT communication on the issue which are very informative and link to a draft of the proposal and the House of Lords requirements for evidence.


From: martin.mcclinton@grcct.org [mailto:martin.mcclinton@grcct.org]
Sent: 12 September 2017 17:15
To: mark.banks@fntp.org.uk
Subject: House of Lords Select Committee Inquiry – The Advertising Industry

Dear Mark,

House of Lords Select Committee Inquiry – The Advertising Industry

With reference to the Road to Change Proposal set to you earlier today I am pleased to advise that the House of Lords Select Committee on Communications has now began hearing evidence in its Inquiry: The Advertising Industry.

The Lords have acknowledged the controversy around the Advertising Standards Authority (ASA) and have even gone so far as to ask if there is a role for other regulators;  Question 14 on the Call for Evidence asks “Is there any role for the Advertising Standards Authority or other regulators in respect of digital advertising?”

The GRCCT is making a submission to the inquiry based on the Road to Change proposal. Your body and/or individuals in your organisation who have had dealings with Advertising Standards Authority may also wish to respond to the Call.

Kind regards,

Martin

Martin McClinton
Communications Manager

martin.mcclinton@grcct.org

The General Regulatory Council
for Complementary Therapies


From: martin.mcclinton@grcct.org [mailto:martin.mcclinton@grcct.org]
Sent: 12 September 2017 14:31
To: mark.banks@fntp.org.uk
Subject: Advertising of Complementary and Alternative Medicine

Dear Mark,

Practitioners in many disciplines have since 2015 experienced increasing levels of negative communications from the Advertising Standards Authority Ltd (ASA).  The structure of the ASA means that is it open to abuse by those opposed to the availability of complementary medicine whilst at the same time its status as a private company and not a government department, means that it is not answerable to any oversight body.

In 2015 GRCCT launched Advertising Certification, a proactive validation service for the CAM sector in which a website is considered by a panel of legal, academic and profession experts using descriptors provided by the individual disciplines.  Successful Certification defines the site as safe and in accordance with UK law and provides a Profession Guarantee in the event of any legal challenge.

Specific cases and unified profession pressure has contributed to government awareness with debates in both the House of Lords (29.06.15 and 29.10.15) and the House of Commons (23.05.16). Both debates raised serious questions offered no significant new route forward.

In 2016 Trading Standards Camden entered into a contract with the National Trading Standards Board to action referrals by the Advertising Standards Authority.

The GRCCT Advertising Certification process has gained considerable traction in the past year and succeeded in stopping Google from accepting Sponsored advertising from ASA against GRCCT Certified sites. Following the limitation of this and other ASA ‘sanctions’ we pleased to advise that Lord Toby Harris, Chair of the National Trading Standards Board, has now confirmed that the arrangement between Trading Standards Camden and the ASA has been suspended. No further referrals will be accepted until the situation has been reviewed.

Over the summer period GRCCT has been meeting with representatives from disciplines we do not regulate; Acupuncture, Ayurvedic Medicine, Traditional Chinese Medicine, Herbal Medicine, and Homeopathy, together with a number of profession associations not currently supporting the lead bodies in disciplines we do regulate.  The purpose of these meetings have been to unite the majority of the CAM sector in developing an alternative process for the regulation of advertising.

The draft proposal is attached.

Road to Change Proposal and Practicality Review

Kind regards,

Martin

Martin McClinton

Communications Manager

martin.mcclinton@grcct.org

The General Regulatory Council
for Complementary Therapies