Honest Universe

Superstition, pseudoscience, and scepticism

ACC and Acupuncture 3

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I’ve written a couple of times in the past about ACC and Acupuncture:

To summarise, in 2014 a couple of Official Information Act (OIA) requests to ACC uncovered information about how much they had spent on acupuncture treatments over the past decade, as well as a more detailed breakdown of how much was spent on acupuncture used for different categories of injury (the detailed breakdown also included data for 2013/2014).

Information released in parliament in 2004 also revealed how much money ACC spent on acupuncture in the decade from 1994-2004, as well as projections on how much they expected to spend on acupuncture from 2004-2009.

As you can see from the chart below, their projections turned out to be rather inaccurate, and ACC spending on acupuncture has been absolutely booming:

ACC Acupuncture 1994-2014

In August, I submitted my own OIA request asking for:

copies of or links to all literature reviews regarding the effectiveness of acupuncture for any condition undertaken by ACC

I was told that:

There are only two ACC literature reviews on the efficacy of acupuncture.

It was with this information that I wrote my previous two posts on this topic. Here are the important parts of those reviews’ conclusions:

The evidence for the effectiveness of acupuncture is most convincing for the treatment of chronic neck and shoulder pain. In terms of other injuries, the evidence is either inconclusive or insufficient.

There is limited good quality evidence to conclusively determine acupuncture’s efficacy in treatment of mental health conditions such as Major Depressive Disorder, Dysthymia, Anxiety Disorder, Borderline Personality Disorder and Post Traumatic Stress Disorder.


When I went to write on this topic again last year during “Acupuncture Awareness Week”, I found two more ACC literature reviews on the efficacy of acupuncture (as well as other treatments) on the ACC website:

On the topic of acupuncture, these reviews concluded that:

The evidence is either weak or absent for:

acupuncture

current evidence does not support the use of acupuncture to treat people with [Traumatic Brain Injury].

Feeling rather frustrated that ACC’s response to my earlier request (which arrived less than 2 weeks before last year’s September election) was apparently false, I sent a more specific followup:

I would like to reiterate my request to be provided with copies of or links to all literature reviews regarding the effectiveness of acupuncture for any condition undertaken by ACC. For the sake of clarity, I would like to be explicit that this includes both reviews that looked at several treatment options including acupuncture, and reviews that were commissioned by ACC as well as those directly undertaken by ACC.

I hope anyone reading this would agree that this followup should absolutely not have been necessary, and all the information I was requesting here should have been provided in ACC’s response to my original request before they’d be breaking the law.

However, when ACC finally acknowledged my request over a week after having received it, they maintained that “the information provided to [me] on 3 September 2014 was complete” and that this was therefore a new, separate OIA request. Because of the break over summer, this gave them until the 20th of January to respond to my request.

At 4 o’clock in the afternoon on the 20th of January, I heard back from ACC with an answer that essentially felt like “find the information yourself, it’s online”. Instead of providing me with copies of or links to any reviews, they told me the name of one review commissioned by ACC and that it could be found online, and provided me with 2 links to pages on their website that listed all of their reviews.

Interestingly, although I don’t believe the 2011 review has been released except in response to an OIA request, it was not mentioned in ACC’s response and they told me that:

ACC does not hold any other information that has not been published.

Having taken some time to go through all the reviews found on the pages I was linked to in order to find all those which mention acupuncture, I came up with the following list. As well as a link to the review and its title and date where I could find one, I am quoting the relevant conclusions below.

Although they have told me so incorrectly in the past, I have ACC’s word that these are all the ACC literature reviews that evaluate acupuncture. As you can see, they are inconclusive or negative for all but a few specific conditions: Frozen shoulder, chronic neck pain, chronic shoulder pain.

In 2014 ACC spent $30,000 on acupuncture to treat burns, $59,000 on acupuncture for concussion and brain injury, and $591,000 on acupuncture for fracture and dislocation. They apparently spent $22,592,000 on acupuncture for soft tissue injuries, but I find it highly unlikely that all of this money was used to treat frozen shoulder, chronic neck pain, and chronic shoulder pain.

ACC’s expenditure on acupuncture shows no sign of slowing. It grew 17% from 2011/12 to 2012/13, then a further 17% from 2012/13 to 2013/14, leaving the expenditure for 2013/14 at over $24,000,000. It’s certainly not a large part of ACC’s total expenditure, but it’s no small sum of money.

ACC is publicly funded. Publicly funded healthcare should be based on rigorous evidence. ACC does not appear to have evidence that would allow them to conclude that acupuncture is an effective treatment for any more than these conditions. It is well past time for ACC to re-evaluate their expenditure on acupuncture. It should only be funded when used to treat conditions in a way that is supported by rigorous evidence, and that is certainly not the case currently.

I will end this post the same way as I have ended my previous posts on this topic, with my recommendations for how ACC should deal with this issue:


I think ACC needs to review its funding scheme for acupuncture. I think their approach to this should start with reviewing their Acupuncture Treatment Profiles document, ensuring that the only treatments contained within it are those supported by rigorous evidence, and purging pseudoscientific claims from it. If they find they need to undertake further reviews of the evidence for the use of acupuncture for particular indications, then they should do that before approving funding for it.

I think ACC should then only agree to pay for acupuncture treatments that are aligned with their Treatment Profiles document, which they should commit to reviewing at regular intervals to keep it in line with the latest evidence (I’m not sure what time interval would be most appropriate, and I understand that there is a cost involved in that work).

I’m not sure, but it’s possible some changes to legislation may be required before this becomes a reality, but if that’s the case those changes should happen. A government body should not be bound by law to fund healthcare that is not supported by evidence.

There’s one last thing I’d also like to see, although I really feel like this is a long shot. I think ACC should take an active role in discouraging healthcare practice based on the “pre-scientific notions” described in their 2011 review. I think they should do this by distancing themselves from those acupuncturists who promote it and who base their practice on it, by refusing to grant them status as registered ACC practitioners if they are found to rely on it.

Written by Mark Hanna

2015/01/20 at 6:30 pm

Oakura Bay Rocks Expedition

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Ever since I was a child, I’ve spent my summers at Oakura Bay. It’s a really lovely beach on the east coast of New Zealand, about 3 hours’ drive north of Auckland. My father’s family has been coming here since he was a child, and for the past 16 years we’ve been lucky enough to have a fantastic bach here.

One of my favourite things at this bay is the fantastic rocks. Near our end of the beach, there is a rocky peninsula accessible only at low tide, and it’s an absolute treasure trove.

Last night I had a really interesting conversation about the stuff I found there with fellow Sciblogger Victoria Metcalf, prompted by one of her tweets about what she and her daughter had found around a similar set of rocks:

One thing I’ve got in the habit of doing in my trips to the rocks is collecting any paua shells I found. In order to carry them more easily, I’d stack them together to hold in one hand, and I ended up quite enjoying how that looked so developed a habit of it. Here are some stacks I’ve collected that we keep on a windowsill back at our bach:

I’ve noticed, in doing this, that some paua shells are more curved than others, which makes them very difficult to stack:

I’m really glad I mentioned this, as now I finally understand why that is:

After being encouraged by this chat we had last night, today I took my phone with me to the rocks so I could share what one of these trips is like, and perhaps find answers to a few more questions I had. Unfortunately my phone died near the end, but I’m quite happy with how much I managed to capture.

If you missed it on Twitter, here are the tweets from my trip. Unfortunately it seems Twitter compressed some of the photos a little too aggressively, so I’m afraid in some case it might be tough to see some of the things I’m trying to point out.

If you see I’ve called anything by the wrong name or if you have anything more to add, please let me know in the comments:

Oops, by “thung” I meant to say “thing”

“thus” should be “this”

I meant to say “damp” instead of “damn” here

If I were paying more attention last night, I might have remembered that Victoria had mentioned that these creatures are called chitons:

“are’of” should be “area of”

Written by Mark Hanna

2015/01/06 at 5:28 pm

Posted in New Zealand

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New Zealand Skeptics Conference: Fighting Pseudoscience

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Over the weekend, I attended the New Zealand Skeptics Conference at Auckland University. It was a great weekend, with consistently good speakers. Not only did we have the hosts of the popular Skeptics Guide to the Universe podcast and George Hrab from the Geologic podcast over from America, we also had a lot of fantastic local speakers like Nicola Gaston and Michelle Dickinson (Nanogirl).

If you weren’t able to attend and want to know what you missed, the conference program is currently still available online. I think the website will be reused for next year’s conference in Christchurch though so that won’t last forever.

As well attending some really great talks, I was also able to meet a lot of people who I’d previously only spoken to online. Nicola, Michelle, Jonny, Will, and everyone else I met over the weekend, it was wonderful to meet you all! I was also rather honoured to be given the “Skeptic of the Year” award at the conference dinner, for my consumer advocacy work and for helping to found the Society for Science Based Healthcare.

If you have a close look at the conference program, you might notice that I was scheduled to hold a workshop on “Fighting Pseudoscience” on the Saturday afternoon. As I have done with my previous talk at Auckland Skeptics in the Pub, I’d like to put my slides from this up online. Here they are:

If you view them on Google Drive (click the “Google Slides” link in the lower right) you’ll also be able to see my notes for each slide.

I think the workshop went really well, there was a lot of good discussion with the audience and I hope I was able to motivate some of them enough to make complaints of their own. Unfortunately I was only able to get through a single example in the time I had instead of the four I had prepared, but that was due to the time spent in discussion with the audience so it wasn’t really a problem.

Siouxsie was kind enough to get a few copies of the Ponsonby News (which it’s always fun to hear her rant about on the Completely Unnecessary Skeptical Podcast) to pass around the audience, and a few people found advertisements in the health section that seemed likely to be misleading.

There were also a couple of copies of the Advertising Standards Authority’s Codes Booklet that I was able to pass around the audience (thanks to Lisa Taylor for letting me borrow her code booklet for this). A few people asked me afterwards how they could get one of these booklets. One option would be to email the ASA to ask for one or to tick the box asking if you’d like one when you submit a complaint online. Another option is to print the PDF yourself. The ASA’s codes are all available on their website too, so don’t feel like you have to print the PDF if you’re happy to use an online reference.

Finally, everyone who attended my talk got a copy of a “Complaining Cheat Sheet” that I’d put together for the Society for Science Based Healthcare (thanks to Nancy Lan for helping me a lot with the design). The idea behind this was that it can feel like quite a task to go through the ASA’s codes to find out which sections of which codes an ad might violate, especially if you’re not already familiar with them. This cheat sheet can serve as a quick reference to some of the most commonly violated sections of the ASA’s codes, as well as a guide to how to prepare and submit a complaint.

I’ve embedded the complaining cheat sheet below, and it’s available via the Society for Science Based Healthcare’s website: Complaining Cheat Sheet

Please download it, print it, share it widely, and most importantly use it. It was made to make it easier for anyone to complain about misleading advertising in New Zealand, so the next time you see an ad that you think is misleading, instead of just being annoyed try complaining. Together we can make New Zealand a safer environment for consumers.

Copper & Magnetic Healing: How to Respond to Complaints

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Last Saturday, I was in a store that had a display on their counter advertising copper and magnetic jewellery:

Copper & Magnetic Healing

As you may be aware, claims that copper jewellery are able to help with arthritis are relatively common, although the evidence is pretty negative. The claim about magnets attracting iron in your blood and thereby increasing circulation is pure pseudoscience though. Usually, if I do something about an ad like this, I lay a complaint directly with the Advertising Standards Authority. This time though, I thought I’d try directly contacting the store to see if they’d fix this situation without requiring any regulatory intervention.

You can read the full email I sent to the company at the bottom of this post, but essentially I described the regulations around claims in advertising needing to be substantiated, and gave some evidence that these claims probably weren’t substantiated. Here’s what I recommended as a course of action:

I understand that these claims were likely supplied to [your store] by the supplier of the copper and magnetic jewellery, and that no one at [your store] has had any intention of misleading your customers. I recommend that you immediately remove the “Copper & Magnetic Healing” display, and contact the manufacturer to ask them for evidence to substantiate these claims. Unless you are in possession of such evidence, you should avoid making therapeutic claims regarding these products.

I’ve had a wide variety of responses from my ASA complaints in the past, so I wasn’t sure how I should expect this business to respond. To make sure my email wouldn’t just be ignored, I asked them to get back to me within a week to let me know what they’d do, so I could know whether or not I should complain to the ASA.

In this case, I was very impressed to hear back from them the next day to tell me that the stores had been advised to remove the displays and they would contact their supplier to ask for evidence to substantiate the claims they’d provided. They also seemed to realise that the chance of the supplier being able to give the kind of evidence required was pretty slim.

A couple of days after that, I heard back from them again to confirm that, as expected, their supplier was unable to provide evidence that would substantiate the claims made about the jewellery. Because of this, they told me that from now on they would only advertise them as jewellery – not “healing jewellery” or anything like that.

I’m very happy to have seen such prompt and responsible action taking following a complaint. I hope this can serve as an example to other businesses.


If you see a therapeutic claim advertised somewhere, and you think it might not be backed up appropriately by scientific evidence, perhaps consider doing something about it. A good start could be to just ask for evidence. If you’d like them to remove a claim if it turns out not to be backed up by evidence, you can recommend that they do this (and your recommendation will be backed up by the Fair Trading Act).

If they refuse, which I would hope is unlikely, then you could lay a complaint with the ASA. The ASA requires that advertisers must be able to substantiate therapeutic claims that they make; it’s not up to you to prove them false, it’s up to advertisers to prove them correct.

If you do contact a business about a claim they’re making, I would suggest a few things:

  1. Be polite. This costs you nothing, and if you come across as rude or antagonistic it’s not going to lead to a productive exchange.
  2. Recommend a course of action. Ideally make it something that is easy for the business to do.
  3. Give an ultimatum. This should still be polite, but I would recommend asking the business to tell you what they’re going to do within a certain timeframe (such as one week) so you’ll know whether or not it’s necessary to bring their claim to the attention of the Advertising Standards Authority.

If you’re interested in doing something about a dodgy medical claim, the Society for Science Based Healthcare can help you to understand the regulation and put together a complaint.


This is the email I sent to the store on Sunday, with the name of the store removed:

To whom it may concern,

I was in [your store] earlier today, and I noticed a display for copper and magnetic bangles and rings on the counter (see photograph attached).

This display contained a number of therapeutic claims about the products. As I hope you are aware, the Advertising Standards Authority requires that all therapeutic claims made in advertisements must be truthful and have been substantiated (see their Therapeutic Products Advertising Code Principle 2). Similarly, the Fair Trading Act 1986 Section 12A states that unsubstantiated representations must not be made in trade.

To my knowledge, none of the therapeutic claims made on the display are substantiated.

A systematic review of the evidence regarding the use of static magnets for reducing pain, published in 2007, found that “The evidence does not support the use of static magnets for pain relief, and therefore magnets cannot be recommended as an effective treatment.”

Relatively little research has been done on the use of copper bracelets for pain relief, but a well-designed trial published in 2009 found that “Our results indicate that magnetic and copper bracelets are generally ineffective for managing pain, stiffness, and physical function in osteoarthritis. Reported therapeutic benefits are most likely attributable to non-specific placebo effects.”

The Advertising Standards Authority upheld a complaint in 2013 against claims made on the Woolrest Biomag website, partly due to the fact that their claims that the magnets in their products can increase circulation by “drawing trace elements, for instance, iron, towards the magnets” and by causing “blood vessels to dilate” did not appear to be supported by any evidence and were therefore likely to mislead consumers.

I understand that these claims were likely supplied to [your store] by the supplier of the copper and magnetic jewellery, and that no one at [your store] has had any intention of misleading your customers. I recommend that you immediately remove the “Copper & Magnetic Healing” display, and contact the manufacturer to ask them for evidence to substantiate these claims. Unless you are in possession of such evidence, you should avoid making therapeutic claims regarding these products.

Please reply to this email by the 23rd of November to inform me of what action you will be taking, so I will know whether or not it will be necessary for me to lay a complaint to the Advertising Standards Authority to settle this matter.

Sincerely,

Mark Hanna
Society for Science Based Healthcare

Written by Mark Hanna

2014/11/21 at 5:10 pm

We Landed on a Comet

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So, last night was exciting. The European Space Agency’s (ESA) robotic spaceship Rosetta arrived at the comet 67P/Churyumov-Gerasimenko in early August, after an amazing journey comprising of over 10 years and four gravity slingshots. Last night, it separated from its lander module, Philae, and sent it to touch down on the surface of the comet.

What I’ve been able to gather from watching the live stream last night and what I saw on Twitter when I woke up groggily for 2 minutes at 5:15 this morning is that not everything went to plan, but the landing seems to have been successful.

Philae (the lander) has several devices to make the landing easier. One of these is a “cold gas thruster”, a small engine to push it gently into the surface of the comet so it wouldn’t bounce off (remember the comet has extremely little gravity relative to something like the Earth or Moon). This engine failed to start working before the spacecraft separated, but the team decided to go ahead with the landing anyway.

Another device Philae has to help with the landing is a pair of harpoons to skewer the surface, but these also failed to fire. As far as I know they’re not sure yet why they failed, but Philae did make it to the surface, so the comet landing was a success.

The ESA be getting data back from Philae but I don’t think they know yet how it landed or where exactly it is relative to the landing site. There’s a danger it could be on its side, for example, which would prevent some of the experiments it’s carrying on board from going ahead. Time will tell, though.

A photo of the comet taken from Philae when it was only 3 km away has been posted to the official Twitter account:

Photo credit to European Space Agency, ROLIS camera on Philae

Photo credit to European Space Agency, ROLIS camera on Philae

UPDATE 2014/11/14

Since the landing a few other things have come to light. First, presumably because the harpoons failed to fire, Philae bounced of the surface twice. Although it bounced pretty much straight up, the comet was rotating beneath it so its final landing zone is a few hundred metres away.

Also, Philae has landed on its side. It’s still taking photographs and sending back data, so that’s good, but the fact that it’s on its side may mean that some of its experiments may not be able to go ahead. Phil Plait has a good write up explaining these updated on Bad Astronomy and Emily Lakdawalla has a more detailed one on her blog the Planetary Society.

Written by Mark Hanna

2014/11/13 at 9:19 am

GirlGuiding New Zealand Has Removed “God” From Their Promise

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In July 2012, Girl Guides Australia changed the promise all Girl Guides have to make, by removing the compulsory mention of “God”. After seeing this news, I looked up the GirlGuiding New Zealand website to find if they had a similar compulsory mention, and found that they had.

Although I am obviously ineligible to be a Girl Guide, as an atheist I can understand how being told you have to make a promise to a god in order to become a member of a group could make one feel unwelcome. Similar to if I were asked to swear with my hand on a Bible, it would feel dishonest to do so. As such, it feels rather discriminatory, whether intended that way or not.

After seeing that Girl Guides Australia had made this change, I sent the following message to GirlGuiding New Zealand in July 2012:

To whom it may concern,

I was rather shocked to discover recently that your organisation includes in its promise (the recitation of which is apparently a requirement for membership) the words “with the help of my God”. While I commend the fact that, right after mentioning this on your site, it is specified that members of other religions may alter the wording (http://www.girlguidingnz.org.nz/what-we-do/promise-law/) to better suit their specific religion, I’m rather concerned that this seems intended to either discriminate against or actively discourage irreligiosity and atheism in your membership.

After the recent news that Girl Guides Australia have removed (http://www.abc.net.au/news/2012-07-05/girl-guides-drop-queen-god-from-promise/4113022) any compulsory mention of “God” from their Guide Promise, I’m hopeful that you might follow in their exemplary footsteps. I’ve never been given any other reason to believe that your organisation might harbour such an inappropriate agenda, and as such I fully expect that this is simply an anachronistic artifact from an old tradition. I thought I might suggest that, in light of the change made by Girl Guides Australia, you might consider that it is time for your organisation to make a similar change.

Sincerely,
Mark Hanna

A week later, I received the following response from Susan Coleman, the CEO of GirlGuiding New Zealand:

Dear Mr Hanna

Thank you for your email regarding the inclusion of the words “with the help of my god” in the GirlGuiding New Zealand promise.

GirlGuiding New Zealand, Nga Kohine Whakamahiri o Aotearoa, is an organisation for girls and young women aged 5 to 18 years old, whatever their race, religion, ethnicity or background and there is no intention of discriminating against or discouraging any personal belief. The objectives of the organisation include the development of the whole girl, promoting self-confidence and growth through fun, friendship and learning experiences in life-skills, leadership and decision-making in a safe supportive environment. An individual’s beliefs, family cultures and circumstances are respected and Guiding embraces all aspects of the diversity of New Zealand society.

At this time, there is no intention to consider changing our promise.

Regards
Susan Coleman

I didn’t find that response very encouraging, although I hadn’t expected my email alone to prompt them to change their promise. Today, 2 years later, I saw a news article with the headline GirlGuiding removes God from pledge. I’d encourage you to read the whole article, but here’s the gist:

God has been removed from the promise recited by all members of GirlGuiding New Zealand, after more than a century of being mentioned.

The move, which took place in April this year, has raised barely a ripple of dissent.

I wonder if the lack of comment may be in part due to the lack of fanfare; notice that the change was made in April but this news article was published in October. This is their new promise:

I promise to do my best,
To be true to myself and develop my beliefs,
To live by the Guide Law
And take action for a better world.

For context, here is the Guide Law:

As a Guide I will try to

  • be honest and trustworthy
  • be friendly and cheerful
  • be a good team member
  • be responsible for what I say and do
  • respect and help other people
  • use my time and abilities wisely
  • face challenges and learn from experiences and
  • care for the environment.

Particularly now that the unnecessary inclusion of a god has been removed, I think this is a great thing for young girls (and the rest of us too) to aspire to.

Well done GirlGuiding New Zealand for making this change!

Written by Mark Hanna

2014/10/17 at 5:26 pm

Ethical Pharmacy Practice 2: Time for a Spring Clean

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In July, I wrote an article on Ethical Pharmacy Practice and Homeopathic No-Jet-Lag. In it, I described the importance of the role pharmacies play in the healthcare system, and their ethical obligation not to mislead consumers or promote ineffective healthcare products. In particular, I described an advertisement I saw in an Auckland pharmacy for a homeopathic product called “No-Jet-Lag”, and the complaint I submitted to the Advertising Standards Authority about it via the Society for Science Based Healthcare. There’s also a write up of this decision and the 2 others released at the same time on the Society’s website: Pharmacy to Remove Homeopathic Product Following Complaint

On the 9th of October, the ASA released their decision to the public. They ruled to uphold my complaint, which means the advertisement has to be removed. More importantly, in response to my complaint the pharmacy made a promise to remove the product from sale if the complaint was upheld. Here’s what they said:

We believe that the manufacturer, Miers Laboratories ought to respond to the substantive complaint that it’s [sic] representations fail to comply with the Therapeutic Products Advertsing [sic] Code.

We believe that the product is sold in many pharmacies in New Zealand and it is somewhat arbitrary that our pharmacy is the subject of the complaint.

We are interested in the outcome of the complaint and can indicate that if the Authority upholds the complaint we will remove the product from sale. In the meantime, the product has been removed from the counter and placed on a less prominent position.

I agree with their first two points. While I think pharmacies shouldn’t promote or sell healthcare products without a sound understanding of the evidence behind them and the claims made about them, I also think it’s reasonable to expect the manufacturer (who also produced the advertising in this case) to substantiate the claims. Moving the display to a less prominent position in the meantime seems like a reasonable compromise as well, although of course I’d prefer it if the product were never stocked in the first place.

I also agree with them that their inclusion in this complaint is somewhat arbitrary. For that reason I am not going to specify in this article which pharmacy it was. If you really must know then you can read the full decision on the ASA’s website. As they said, many New Zealand pharmacies sell this product and I think this complaint applies to all of them.

I also think this pharmacy’s promise to remove the product from sale in the event that this complaint is upheld, as it now has been, is the appropriate response. I think that every single New Zealand pharmacy that stocks No-Jet-Lag should follow suit. There are a lot of them. The website for this product even claims on its New Zealand Retail Outlets page that “Most chemists nationwide” stock it.

As I mentioned in my original post on this topic, and in my complaint, New Zealand pharmacists are bound by the Pharmacy Council’s Safe Effective Pharmacy Practice Code of Ethics 2011. Perhaps the most important part of this industry code of ethics, at least in my mind, is section 6.9:

YOU MUST:

Only purchase, supply or promote any medicine, complementary therapy, herbal remedy or other healthcare product where there is no reason to doubt its quality or safety and when there is credible evidence of efficacy.

This is a very fine standard to adhere to, and I would hope that all businesses to which it could possibly apply would adhere to it as well, although realistically I know that’s not the case.


In response to the complaint, Miers Laboratories submitted a few studies to the ASA. They were pretty laughable though when you look at the sample size:

In all our research we base our work on previous studies, the first study for jet lag used 5 people, then it was 10 and at the time the accepted worldwide minimum was 12 for clinical trialOur [sic] bigger study used 19 people.

So basically “most of our studies didn’t even meet the very low minimum accepted size, and even the largest one was tiny”. Very impressive, Miers Laboratories.

The 19 person study they mention is also promoted on their website, and I pre-emptively discussed it in my complaint. It seems the Advertising Standards Complaints Board essentially agreed with my criticisms:

The majority of the Complaints Board said the statement “It really works” was an absolute therapeutic claim and, as such, required a high level of support. However, it noted the trial population in the pilot study was small, the methodology was not robust and the results had not been published or peer reviewed. The Complaints Board also noted the study was an in-house trial conducted by the Advertiser rather than independent research.

Given the weaknesses in the study, the majority of the Complaints Board said the Advertiser had not satisfactorily substantiated the claim the product “really works” and, as such, the Complaints Board said the advertisement had the potential to mislead consumers. Consequently, the Complaints Board said the advertisement did not observe a high standard of social responsibility required of advertisements of this type. Therefore, the majority of the Complaints Board ruled the advertisement was in breach of Principles 2 and 3 of the Therapeutic Products Advertising Code.

For context, Principle 2 of the Therapeutic Products Advertising Code states that:

Advertisements must be truthful, balanced and not misleading. Claims must be valid and have been substantiated.

And Principle 3 states that:

Advertisements must observe a high standard of social responsibility.

This is basically exactly the result I was hoping for, which is great. However, I was a little concerned by one part of the decision:

A minority of the Complaints Board disagreed [that the advertisement was in breach of Principles 2 and 3 of the Therapeutic Products Advertising Code]. It acknowledged the study sent by the Advertiser to support its claims. While it noted the issues with the study, the minority of the Complaints Board was of the view the product was not harmful and said the consequences of the product not working were not significant or serious for the consumer.

I’d expect anyone who has ever paid money for a pill to prevent jet lag would disagree with this, although it is obviously a lot more serious than something like a cancer treatment that doesn’t work. More importantly, although I do agree that it’s important to consider the severity of what happens if the product doesn’t work, I hope that the ASA will not give a free pass to misleading therapeutic advertising simply because it’s for a condition that they deem insignificant.


Now that this complaint has been upheld, the pharmacy in question has promised to remove No-Jet-Lag from sale. I hope this is the start of a spring clean for all New Zealand pharmacies that stock this product. They should follow this responsible example and take the opportunity to examine other products they have for sale – especially homeopathic products – to ensure that they are abiding by their ethical duty not to promote or supply healthcare products for which there is no credible evidence of efficacy.

You can help. Next time you see a homeopathic product in a pharmacy, ask them what the evidence for it is. If you see this particular product, ask them if they’re aware that the Advertising Standards Authority upheld a complaint against it on the basis that the evidence for it just isn’t good enough.


EDIT 2014/10/12

It’s great to see that several media outlets have picked up this story:

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