6/07    15 January 2007

Magnopulse Limited, a company which manufactures and sells magnetic therapy products for humans and animals, including leg wraps, back pads and neck wraps, pet collars and pet beds, has agreed to change its advertising following action by the OFT.

The OFT considers that a number of the company's old advertising claims were misleading under the Control of Misleading Advertisements Regulations (CMARs). Magnopulse Limited disagreed. Only a court can decide that an advertisement is misleading under the CMARs. It has not done so in this case. The OFT's action was settled on the basis that Magnopulse Limited and its officers, Derek and Wendy Price, have given undertakings to the court that they will not make advertising claims stating or giving the impression that:

• magnetic products will produce a therapeutic effect for those who wear or use them (as opposed to saying that they may have such an effect and/or some trials have shown that there may be such an effect and/or some consumers have reported such an effect)
• the cause of the products' therapeutic effect is (as opposed to may be) a specified physiological mechanism
• the products' therapeutic efficacy is established or proved by clinical and/or scientific trials (as opposed to the possibility of the therapeutic effect having been suggested or reported in some trials under medical or scientific supervision)
• it is widely accepted in the scientific and/or medical communities that the cause of the products' effect is a specified physiological mechanism and/or that the products will (as opposed to may) produce therapeutic effects
• magnetic products magnetise and/or replace or replenish the magnetic field in water, and
• the products ionise water.

Although the undertakings have immediate effect, Magnopulse Limited can publish or disseminate advertisements which would fall within the undertakings if they had already been accepted for publication before 24 November 2006 and they could not reasonably be changed before publication. A full list of such advertisements has been provided to the OFT. They may also publish or disseminate packing, brochures and other direct marketing leaflets which are already in existence until 31 January 2007.

Alan Williams, Senior Director, Markets and Projects, Services of OFT, said: 

'Magnopulse Limited sells its products to consumers who are looking for relief from pain. Where advertisements claim products have therapeutic effects it is important they do not mislead customers. We believe that these undertakings and the guideline wording for advertising which we have agreed with Magnopulse Limited will better protect and inform consumers wanting to purchase these products in the future.'

Failure to comply with the undertakings given to the court may result in proceedings for contempt of court. The OFT is committed to targeting healthcare as a priority area.

NOTES

1. All the undertakings were signed on 24 November 2006. The Consent Order agreed between the OFT and Magnopulse Limited was approved by the High Court on 14 December 2006.
2. Magnopulse Limited's business address is 24 Emery Road, Brislington, Bristol BS4 5PF. Derek Price is a director of the company. Wendy Price is a director and its company secretary.
3. The undertakings also apply to Mr Price and Mrs Price in a personal capacity, preventing them being involved in the publication or dissemination of advertisements of the kinds referred to above by any other business.
4. The OFT took action against Magnopulse Limited, Mr Price and Mrs Price under the Control of Misleading Advertisements Regulations 1988 (the CMARs). The CMARs aim to protect consumers and businesses from misleading advertisements and advertisements that make prohibited comparisons. The OFT's main role under the CMARs is to support and reinforce the existing advertising controls exercised by other bodies, such as the Advertising Standards Authority ('the ASA'), not replace them. The OFT will usually step in where action by those other bodies has not resolved complaints about an advertisement and it is in the public interest that the OFT should act.
5. The OFT can only act under the CMARs when a complaint about an advertisement is received. To come within the scope of the CMARs, an advertisement must be misleading (i.e. it must deceive or be likely to deceive the recipient and affect their economic behaviour, or for those reasons harm the interests of a competitor), and be published in connection with a trade, business, craft or profession, in order to promote the supply or transfer of goods or services, immovable property, rights or obligations. The OFT can take action against anyone appearing to be concerned or likely to be concerned with the publication of a misleading advertisement.