Medical Qualifications

Scripts for private clinics and hospitals offering surgery and treatments should be accompanied by a list of the surgeons' professional medical qualifications.

Particular care is needed for claims that surgeons are 'qualified' or that they are of 'consultant' status; for example, the term 'consultant' should be used only in connection with NHS Consultant posts, or the equivalent.


Medicines and Treatments - RACC clearance is required.

The BCAP Radio Advertising Standards Code requires radio stations to seek advice from an 'appropriate independent qualified expert' on proposed claims for medicines, treatments and health-related products and services. The RACC will do this, on stations' behalf, by referring details of the advertiser's product/service and substantiation to its medical consultant/s.

General points about medicines advertising

Only over-the-counter medicines/pharmaceuticals can be advertised on radio.

Advertisements for medicinal products which are available only on prescription are not acceptable.

Advertisements for medicinal products must comply with the requirements of the Medicines Act 1968 and Regulations made under it.

Advertisements can only make medicinal claims if the product has a Marketing Authorisation under the Medicines Act 1968. A medicinal claim is defined as any claim that states or implies that a substance has the property of treating, preventing or curing human disease and can, therefore, be open to interpretation. The RACC may need to seek advice from the Medicines Control Agency (MCA) who issues Marketing Authorisations.

The RACC requires a copy of the Marketing Authorisation or the related Summary of Product Characteristics (SPC).

Any medicinal claim in advertising copy must reflect the content of the relevant Marketing Authorisation.

Claims in scripts that are not covered by Marketing Authorisations will be referred to an RACC medical adviser, together with appropriate substantiation. This should normally be in the form of published clinical trials. Maintenance claims (that is, a claim to maintain existing good health such as 'calcium helps maintain healthy bones') may be acceptable but, again, all such claims will be referred to a medical adviser and must be accompanied by good clinical evidence.

Advertisements for medicinal products must include the name of the product, the name of the active ingredient if it contains only one, an indication of what the product is for and the tag 'always read the label' or 'always read the leaflet'.

Advertisements for medicinal products must not be directed principally at children (under 16s).

Advertisements must not offer any product for a condition which needs qualified medical advice or imply that a medical consultation or operation is unnecessary.

Advertisements for medicinal products for use during pregnancy should take into account the MCA's best practice guidelines.


Hospitals and clinics/treatments and operations (see also Hospitals and Clinics)

Clinics, hospitals, health centres, trusts, etc. may advertise certain operations and treatments, subject to RACC clearance and medical advice from its consultant/s, where necessary.

Written details of the operations and treatments carried out and details of the professional medical qualifications of the clinicians must be submitted to the RACC and may be referred to a medical adviser. Private institutions where medical procedures are carried out should supply the RACC with proof of registration with their Local Health Authority.

Evidence for claims about operations and treatments should generally be in the form of published clinical trials from reputable medical journals.


Professional advice and recommendation

Medicines advertising which gives the impression of advice and recommendation for products and treatments by those in the medical profession is not allowed. It is therefore unacceptable to use voiceovers, presentations or personal testimony of doctors, nurses, midwives, dentists, pharmaceutical chemists etc.

Similarly, there must be no references to approval of a product or treatment or their use by the various medical disciplines and professions.

Advertisements for medicinal products and medical treatments/operations must not include testimonials from celebrities or represent endorsement by celebrities. A celebrity voiceover providing the commentary of the advertisement is, however, acceptable.

Copy points

No product or treatment can claim that it 'cures' an ailment, illness, disease or addiction (this includes smoking deterrents), unless allowed by its Marketing Authorisation. Phrases such as 'can/may help to relieve' must be used.

Unless authorised by its Marketing Authorisation, the word 'tonic' cannot be used in advertisements for products making medicinal/health claims.

Advertisements must not suggest that any medicinal product is a food, a cosmetic or any other consumer product.

Advertising for services offering one-to-one advice by correspondence (e.g. post, telephone, fax, email) is acceptable where the advice is given by qualified health professionals acting in accordance with their relevant professional Codes of conduct and where those Codes are recognised by the Radio Authority. No advertisement may include an offer to prescribe or treat by correspondence.

Copy must not contain any material that could lead to erroneous self-diagnosis.

Copy must not claim or imply that the product's effect is guaranteed to be successful.

While copy may claim the absence of specific side effects (e.g. 'no drowsiness'), copy must not claim or imply that the product is free from all side effects.

Copy must not claim that a product is 'natural' unless all of its make-up is naturally occurring.

Copy must not suggest that a medicinal product is safe or effective because it is 'natural'. Copy can claim that a product is 'natural' or that it 'contains natural ingredients' but not 'because X product comes from nature/contains natural ingredients, it works and it's safe'.

Copy must not imply or encourage unnecessary or excessive use of any medicinal product.

Copy for medicinal products must not over-claim, exaggerate, alarm or mislead.

Words such as 'breakthrough', 'safe' and 'revolutionary' are unlikely to be approved.

Jingles must not include any medicinal or health claim.


Comparisons

Advertisements for medicinal products must not suggest that the effects of taking the product are better than, or equivalent to, those of another identified or identifiable medicinal product.

Jingles must not include any medicinal or health claim.


Appeals to Fear

Advertisements must not cause unwarranted anxiety to sufferers of any condition of ill health.

Advertisements must not imply that listeners will suffer from any condition of ill health if they do not buy or use the advertised product.

Advertisements must not falsely suggest that any medicinal product is necessary for good health, whether by people in general or by particular groups of people.


Sales Promotions

Advertisements for licensed medicinal products must not contain references to any sales promotions (e.g. competitions, prize draws, free offers, premium offers, samples etc).


Mental Health/Medical Conditions, References to

References to mental conditions, even if in a light-hearted context, may cause offence and should be avoided. Past examples include references to being 'schizophrenic', a 'moron' and a 'cretin' and having a 'split personality'.

References to serious medical conditions, addictions and physical disabilities, even if in a light-hearted way, are also generally unacceptable. Past examples include alcoholism, obesity and lack of limbs.


Misleadingness

All advertisements accepted for broadcast must be factually accurate and must not mislead listeners, whether directly, by omission or by implication.

All claims should be checked for truthfulness and satisfactory substantiation sought and all important limitations qualified in the copy itself.

The Control of Misleading Advertisements Regulations 1988 define an advertisement as being misleading if it deceives in any way, affects the economic behaviour of a consumer (e.g. makes a consumer take up an offer or buy a product which turns out not to be as described in the advertisement) or injures a competitor.


Mobile Telephones

Under the BCAP Radio Advertsing Standards Code rule on misleadingness, the RACC may ask for qualifying information to be included in advertisements. Any significant conditions or exclusions must be explained.

Each advertisement is considered on its individual merits and the RACC will consider any suggestion as to how to convey qualifying information in the most concise form. Such information can be incorporated either as a tag or as part of the body copy of an advertisement.

Below are some pointers for particular desired claims.

For guidance on the use of religious music, see 'Religious Themes and Music in Advertisements'.