UPDATE – False and Misleading Claims Unlawful
Franchisors, Directors, business proprietors and ‘caretakers’ have a responsibility not to make false or misleading statements or claims. It is a criminal offence for anyone who offers a service to make a statement that they know to be false or misleading in some way. It is also an offence to ‘recklessly’ make a false or misleading statement about the nature of any services (or goods) they provide.
False and misleading claims and statements can be reported to the following international Governing Advertising bodies and Medical Associations.
1. AUSTRALIA - Advertising Standards Bureau (ASB)
http://svc003.wic046p.server-web.com/pages/index.asp
- ASB Complaints form
http://www.adstandards.com.au/pages/screening.asp - Australia’s Weight Management Industry Code of Practice
http://www.weightcouncil.org/browse.asp?page=349#Advertising - Copy of Weight Management Code
http://www.weightcouncil.org/images/code0805.pdf - Australian Medical Association
http://www.ama.com.au/
2. CANADA - Advertising Standards Canada (ASC)
http://www.adstandards.com/en/
- ASC Complaints form
http://www.adstandards.com/en/Standards/consumerSubmission.asp - Canadian Medical Association (CMA)
http://www.cma.ca/index.cfm/ci_id/43892/la_id/1.htm
3. NEW ZEALAND - Advertising Standards Authority (ASA)
http://www.asa.co.nz/
- ASA Complaints form
http://www.asa.co.nz/complaint_form.php - New Zealand Medical Association
http://www.nzma.org.nz/index.html
4. SOUTH AFRCIA - Advertising Standards Authority of South Africa (ASA)
http://www.asasa.org.za/Default.aspx?mnu_id=95
- ASA Complaints form
http://www.asasa.org.za/Complaint.aspx - South Africa Medical Association
http://www.samedical.org/index.php?option=com_content&task=view&id=2&Itemid=98
5. UNITED KINGDOM - Advertising Standards Authority (ASA)
http://www.asa.org.uk/asa/
- ASA Complaints form
http://www.asa.org.uk/asa/how_to_complain/complaints_form/
- As from 28 May 2008, The Consumer Protection from Unfair Trading Regulations 2008 makes it a criminal offence to mislead consumers about goods and services. It’s a criminal offence for anyone who offers a service to make a statement that they know to be false or misleading in some way. http://www.opsi.gov.uk/si/si2008/pdf/uksi_20081277_en.pdf
- UK Advertising
http://www.oft.gov.uk/advice_and_resources/small_businesses/advertising/ - Business Protection from Misleading Marketing Regulations 2008
http://www.oft.gov.uk/advice_and_resources/small_businesses/advertising/business-protection - British Medical Association
http://www.bma.org.uk/
Check out:
SureSlim – Published Medical Claims
http://sureslies.wordpress.com/sureslim-in-the-media/