Kindred Spirit Magazine - going for double or nothing

Earlier this year, I submitted a complaint to the ASA about Kindred Spirit Magazine.

I complained that their mail-order service - advertised across several pages of the magazine - was guilty of numerous breaches of the advertising (CAP) code.

Part of my complaint was passed to the ASA's Compliance Team. The rest was passed to the ASA Council for a full adjudication. On 23rd June, the Council upheld my complaint in full.

(Image credit)

Clearly, the editors at Kindred Spirit are not easily deterred. The "Summer Special" edition of their disreputable rag - out this week - advertises all the same products with only minor tweaks to the bullshit claims attached to them!

This afternoon I rushed off another complaint to the ASA.

With toadying deference, I've suggested that if the magazine is to be forced to stop making misleading claims about their bullshit detox patches - and their EM-field neutralisers, reiki pendants, water purifiers, ear candles, Star Trek-style nutrition pills and trashy jewellery - another full adjudication is going to be necessary.

(The relevant pages can be seen here, here and here; evidence of the advertising deadline can be seen here.)

"I write to complain about an advert which appeared in the "Summer 2010 Special Issue" of Kindred Spirit magazine. The advert promotes a number of products available by mail-order.

I suspect that the advert may be in breach of numerous sections of the British Code of Advertising, Sales Promotion and Direct Marketing (CAP) code.

I enclose scans of the relevant pages. I can provide an original copy of the magazine by post, if required.

1. This complaint concerns the advert which appeared in the "Summer 2010 Special" of Kindred Spirit Magazine.

2. On 11th March 2010, I submitted a complaint (ref A10-120878) to you about a similar advert, promoting identical products, which appeared in the March/April issue of the same magazine.

3. Around 29th April you wrote to me, confirming that part of my complaint was to be passed to the ASA's Compliance Team. The claims in question concerned the following products:

(i) Electromagnetic "harmonisers"
(ii) The "Pyramid de Vie"
(iii) The "Script Symbol Reiki Necklace"
(iv) "Detox" foot patches (claims of expelling toxins and improving circulation only)

4. On 11th June you wrote to inform me the ASA Council had adjudicated on the rest of my complaint, and upheld it in full. The claims in question concerned the following products:

(i) "Warm Detox foot patches"
(ii) The "Aqua-Vortex" device
(iii) Hopi Ear Candles
(iv) The "Vega Whole Food Meal Replacement"
(v) "Traynor Pinhole" glasses

5. My current complaint is as follows:

Item 1 - Electromagnetic Harmoniser

6. Regarding the text "The Solar Wind Harmoniser is a bio-resonance device, developed in response to concern over the long term health effects of exposure toe electromagnetic emissions", I challenge whether:

(i) under Section 7.1, the text misleadingly states that the Harmoniser is a "device" which is actually capable of interacting with humans, consumer electronic devices and electromagnetic (EM) fields

(ii) under Section 7.1, the text misleadingly implies that electronic equipment emits harmful EM fields and so, under Section 6.1, exploits the "credulity, lack of knowledge or inexperience of consumers"

(iii) under Section 7.1, the text misleadingly implies the Harmoniser is capable of reducing these harmful effects and so, under Section 6.1, exploits the "credulity, lack of knowledge or inexperience of consumers"

(iv) under Section 2.1, the text is "honest and truthful"

(v) under Section 2.2, the text has been "prepared with a sense of responsibility to consumers and to society"

Item 15 - Pyramid de Vie

7. I protest that:

(i) the device continues to be advertised with text identical to that about which I complained earlier this year

(ii) any action the ASA's Compliance Team might have taken has apparently had no effect

8. Regarding the text "This miraculous pendant connects you to a constant flow of energy, clears the mind, releases body tension and pain, enhances your body bio fields [sic], balances your chakras and keeps you rejuvenated. With over 70 kinds of energy-giving minerals from volcanic rocks", I challenge whether:

(i) under Sections 3.1 and 50.1, the advertiser holds documentary evidence to substantiate any of these claims

(ii) under Section 7.1, misleadingly states the Pyramid de Vie has the claimed effects, and under Section 6.1, exploits the "credulity, lack of knowledge or inexperience of consumers"

(iii) under Section 2.1, the advert is "honest and truthful"

Item 16 - Detox foot patches

9. Regarding the product's label (plainly visible in the advert) which contains the text "Detox foot patches - Absorbs the body's toxins - Alleviates minor pain - Improves blood circulation - Releases inflammation - Improves quality of sleep - Medically certified - The Simple, effective and most natural way to detoxify", I challenge whether:

(i) under Sections 3.1 and 50.1, the advertiser holds documentary evidence to substantiate any of these claims

(ii) under Section 7.1, misleadingly implies that the toxins build up in the body necessitating some kind of "detox" treatment and so, under Section 6.1, exploits the "credulity, lack of knowledge or inexperience of consumers"

(iii) under Section 7.1, misleadingly implies the product is medically certified, when I understand that it is not, and so misleadingly implies that detox therapies are a part of mainstream medicine, when they are not

10. Regarding the text on the left-hand side of the page, "Detox Foot patches - 5-15 days consecutive use is recommended", under Section 7.1 I challenge whether the text misleadingly implies that the patches detox the body over a period of 5-15 days.

11. I protest that the advert claims, in defiance of the recent ASA adjudication, that the device can reduce pain.

Item 17 - Warm Detox foot patches

12. Regarding the product's label (plainly visible in the advert) which contains the text "Detox warm patches - Absorbs the body's toxins - Improves blood circulation - Alleviates aches and pains - Reduces inflammation - Relieves joint stiffness - Increases energy levels - Medically certified", I challenge whether:

(i) under Sections 3.1 and 50.1, the advertiser holds documentary evidence to substantiate any of these claims

(ii) under Section 7.1, the text misleadingly implies that toxins build up in the body necessitating some kind of "detox" treatment and so, under Section 6.1, whether the text exploits the "credulity, lack of knowledge or inexperience of consumers"

(iii) under Section 7.1, the text misleadingly implies the product is medically certified, when I understand that it is not, and so misleadingly implies that detox therapies are a part of mainstream medicine, when they are not

Item 18 - Aqua-Vortex

13. Regarding the text "The Aqua-Vortex is a simple yet powerful device. Simply pour liquid through the spiral and taste the difference", I challenge whether:

(i) under Section 7.1, with the words "powerful device" the advert misleadingly implies that the device's metal coil interacts with water

(ii) under Section 3.1, the advertiser can substantiate the claim that water tastes better after passing through the device

Item 19 - Hopi Ear Candles

14. I protest that the advert claims, in defiance of the recent ASA adjudication, that Hopi Ear Candles are in any way connected with the Hopi (Navajo) tribe of Nevada, USA.

Item 20 - Vega Whole Food Meal Replacement

15. Regarding the product's label (clearly visible in the advert) which contains the text "Complete Whole Food Meal Replacement", I protest that the advert claims, in defiance of the recent ASA adjudication, that the product constitutes a replacement for a whole meal.

Item 27 - Script Symbol Reiki Necklace

16. Regarding the text "This sterling silver pendant has been individually charged with Reiki energy which some have found promotes health and balance", I challenge whether:

(i) under Section 3.1, the advertiser can substantiate their claim that the pendant has been charged with Reiki energy

(ii) under Section 14.3, the advertiser can substantiate the testimonial claim that some people have found the pendant promotes health

(iii) under Section 7.1, misleadingly implies the pendant promotes health, and under Section 6.1, exploits the "credulity, lack of knowledge or inexperience of consumers"

Summary

17. (i) The July/August issue of Kindred Spirit Magazine, p93, confirmed that the magazine's advertising deadline for the forthcoming "Summer Special" issue was 2nd July - a full three weeks after the ASA Council's adjudication.

(ii) I have complained that, on several counts, the advertiser has apparently ignored the ASA's recent adjudication against them.

(iii) In the past, you have indicated to me that advertisers, following an adjudication, are offered a reasonable period to amend their advertising. I consider that three weeks is a more than reasonable period.

(iv) I enclose a scan of the July/August issue of the magazine as evidence that the period was, at the very least, three weeks.

18. (i) In respect of the products identified in paragraph (3), I have complained that the advertiser has apparently ignored any action the ASA's Compliance Team may have taken.

(ii) I suggest, with due deference, that on this occasion a full adjudication might be a more appropriate course of action.

19. I confirm that I have no connections with the advertiser or with any related industry. I confirm that I am not involved in legal proceedings with the advertiser."