‘Dr’ Stephen Ferguson’s recordbreaking ASA adjudication

The Advertising Standards Authority have upheld my complaint against Dr Stephen Ferguson’s Natural Health Clinic website. He was found to be in breach of eight of the CAP Code rules – more than any other live blood analyst on my list.

Yet surprisingly, the ASA have not asked him to stop calling himself ‘Dr’. As Ferguson explains here, (at the bottom, just after the incredible CV):

The use of Dr before Dr Stephen Ferguson’s name is for PhD, the highest level of learning, not because he is a chemical drug doctor (GP). He is a naturopathic doctor the number 1 in the world, curing disease using only natural techniques and substances. NO CHEMICAL DRUGS (which are needed at times, but always damage the body and create other diseases, and in most case just mask the ones you already have pushing them deeper into your system, so you stay a legal drug addict for life in most chronic cases).

And that more or less sums up the problems with the Natural Health Clinic site.

Ferguson seems to be saying that whatever your health complaint (whether it be asthma, arthritis, epilepsy, or even cancer), you would be better off taking advice from him than from a suitably qualified health professional.

Whereas doctors prescribe those nasty chemical drugs, Ferguson sells his own “Dr Ferguson” range of foods and supplements, alongside some rather audacious health claims.

Apparently, the Multivitamin PH Balancer, Blood Cleanser & Energy Booster builds the immune system up stronger than anything else on the market and the Tropical Fruit Whey Protein Powder may help protect the body from “diabetes; multiple sclerosis; motor neuron disease; obesity and alzheimer’s [sic] disease.”

I challenged whether;

  1. the website was misleading as it implied the listed illnesses could be treated or cured by the advertiser;
  2. the claims relating to “allopathic medicine” were harmful and could discourage essential treatment for which medical supervision should be sought
  3. Dr Ferguson was suitably qualified to offer advice, diagnosis and treatment for the conditions featured;
  4. the claims relating to Live Blood Analysis could be substantiated;
  5. the website implied the food products for sale could prevent, treat or cure human disease.

Dr Ferguson’s response was to point out that on the homepage of the Natural Health Clinic site, it clearly states “Disclaimer… Nothing on this website constitutes any form of medical advice what so ever. If you have a medical problem concerning your health you are strongly urged to go to your GP.”

(He doesn’t suggest what you should do if you have a medical problem that doesn’t concern your health.)

The ASA ruled that the ad breached the CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 12.1, 12.2, 12.3 and 12.6 (Medicines, medical devices, health related products and beauty products), 15.6 and 15.6.2 (Food, food supplements and associated health and nutrition claims). It must not appear again in its current form.

Whether Ferguson will respond appropriately remains to be seen. At the time of writing, the claims for the pH balancer seem to have been edited slightly and the claims for the whey powder have gone. This is not good enough.

I also note that Ferguson sells apricot seeds, recommending three per day and stating:

Has been said by many users that it strengthen their immune system and helped with their cancer.

This is potentially dangerous and almost certainly illegal under the Cancer Act (1939). Ferguson should be reported to Trading Standards.

I will be keeping a close eye on the Natural Health Clinic website over the coming months.

Related articles

I wish I could be like Dr Steve Josephine Jones, 19/05/11

Radio 4 You & Yours investigate unregulated ‘live’ blood tests Josephine Jones, 17/03/12

Daily Quack: Stephen Ferguson DQ Staff Reporter, 31/12/12

Live Blood Analysis and the ASA: a catalogue of complaints Josephine Jones, 14/01/13

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6 Responses to ‘Dr’ Stephen Ferguson’s recordbreaking ASA adjudication

  1. Pingback: Live Blood Analysis and the ASA: a catalogue of complaints | Josephine Jones

  2. I’m sure another advertiser had to remove “Dr”, or at least make it clear she was a PhD rather than medically qualified. Is there some inconsistency in the ASA?

  3. Indeed – I think Gillian McKeith is probably the most famous example but that didn’t get as far as a full adjudication: http://www.telegraph.co.uk/news/uknews/1542500/Forget-the-doctor-says-TV-Gillian-McKeith.html

    The CAP guidelines are here, including examples of relevant adjudications: http://www.cap.org.uk/Advice-Training-on-the-rules/Advice-Online-Database/Use-of-the-term-Dr.aspx

    It’s not straightforward but I’m pretty sure Ferguson shouldn’t be calling himself ‘Dr’. I think the ASA can be inconsistent sometimes. I imagine it depends on how the complaint is worded. Mine was quite a long complaint, making quite a few points and although I did mention Ferguson’s use of the term ‘Dr’ I don’t think I unambiguously objected to it. Rather, I just questioned whether he was suitably qualified to give out medical advice.

    The ASA generally allow a period of grace after an adjudication in order to allow advertisers to bring things into line. I’ll see how his site looks in a few months and then decide how best to proceed.

  4. For those who don’t know the story, here’s an interesting background to ‘live blood analysis’: http://www.csicop.org/si/show/the_pseudoscience_of_live_blood_cell_analysis

  5. … Sorry, I meant I’ll add the link to my last post:

    http://josephinejones.wordpress.com/2013/01/14/live-blood-analysis-and-the-asa-a-catalogue-of-complaints/

    … which was more generally about live blood analysis rather than about a particular practitioner.

    These other articles are also worth a read, also linked there:

    http://www.guardian.co.uk/society/2005/jul/12/health.science

    http://www.sciencebasedmedicine.org/index.php/live-blood-analysis-the-modern-auguries/

    And for anyone who has the time and inclination, there are plenty more posts like this one on the “live blood analysis” tag to the right of this page.

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