Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Code requires marketers (e.g. hypnotherapists, counsellors, authors of self-help books) offering treatment for smokers to help them stop smoking to hold proof if they claim or imply that smokers will have to make no effort to overcome their addiction. The ASA has not yet seen proof that smokers can stop smoking unless they are determined to do so.
Unqualified claims such as ‘Stop Smoking the easy way’ or ‘Stop Smoking in 1 hour’ often place no emphasis on the participation or action of the smoker and could imply that the method offered, not the smoker’s desire to stop, is the key to success. Those types of claims are unacceptable without substantiation (Rules 3.7 and 12.1) and are likely to be seen as unacceptable guarantees of success (EasyStop, 17 October 2001). Conversely, claims such as ‘If you really want to stop smoking, then one session could be all you need’ or ‘Hypnotherapy could help you to give up, if you are determined to stop smoking’ are fine as long as they are not used to imply that the smoker will be able to break the habit without self-control on their part. Attending a course, being hypnotised or buying a book cannot by itself be sufficient to enable a smoker to quit their habit.
Similarly, words such as ‘easy’, ‘permanently’ or ‘cure’ could imply guaranteed success and should not normally be used whereas ‘simple’ or ‘effective’ might be acceptable in the right context, for example ''For the truly committed, hypnosis could be an effective way to help you give up smoking'' (EasyStop, 17 October 2001). The claim ‘Stop Smoking’ with a footnote stating ‘Willpower is required’ or ‘Full client commitment is essential’ might also be acceptable.
Marketers should avoid making specific claims such as ‘x% success rate’ without rigorous substantiation (Amanda Pumo, 13 March 2002). Telephone surveys are not, for example, acceptable (Dune Hypnotherapy Group, 5 November 2003). Practitioners, such as hypnotherapists or those using neuro-linguistic programming, should be careful to distinguish between success rates achieved by the method generally and those that they have achieved personally. The ASA has ruled that success rates should not be calculated by customers taking advantage of a money-back guarantee or free follow-up sessions if the method is not successful first time (Dune Hypnotherapy Group, 5 November 2003). Hypnotherapists should refer to the specific sections on 'Hypnotherapy'.
As far as the Medicines and Healthcare products Regulatory Agency (MHRA) is concerned, a smoker who is unable to quit without artificial aids is addicted and therefore a product presented to help stop smoking is presented to treat the addiction or its symptoms. As such, all anti-smoking products (e.g. Nicorette) are regarded as medicinal and marketers should hold a relevant marketing authorisation (Rule 12.11). Marketers should seek advice from the MHRA if they are unsure about whether their products or claims are medicinial.
See also entries on ‘Hypnotherapy’ and ‘Medicines’
Last modified : 26 July 2010