Australian Health Practitioner Regulation Agency - Check your advertising: Chinese medicine examples
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Check your advertising: Chinese medicine examples

The Australian Health Practitioner Regulation Agency (Ahpra) and the Chinese Medicine Board of Australia (the Board) have developed examples of advertising claims that don’t meet the legal requirements and outlined how to make them compliant. This guide is designed to help you check your own advertising and ensure you comply with your obligations under the National Law.

Reasoning behind why the advertising is non-compliant and how the specific examples could be corrected is based on our assessment of advertising complaints received for the Chinese medicine profession. When assessing advertising we apply the National Law and any further guidance that National Boards and Ahpra publish, including the Guidelines for advertising a regulated health service and resources on our websites.

The examples are specific to Chinese medicine practitioners and are some of the most common mistakes we see. The examples given are not an exhaustive list of all treatments offered by Chinese medicine practitioners and do not encompass all benefits that Chinese medicine may have for patients.  

Important information

Check if your advertising complies with legal requirements

Types of non-compliance

Below are examples of advertising considered false, misleading or deceptive.

These examples highlight non-compliant advertising by Chinese medicine practitioners and/or Chinese medicine related communications, including where the advertising may be hosted on third party platforms.

Use of words ‘safe’ and ‘effective’

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It is potentially misleading to state or imply that a Chinese medicine treatment or a particular approach is safe without also acknowledging that individuals respond differently and all forms of treatment have the potential for adverse events.

Advertising about Chinese medicine treatment should not imply that a treatment or service cannot cause harm or have no adverse effects. Generalisations about Chinese medicine being effective are also often misleading and risk implying an unreasonable expectation of benefit.

Example wording

Acupuncture and herbs are both an integral part of Chinese medicine practice, which has been proven to be a very safe and effective healthcare modality in Australia.

This advertising is considered false, misleading, deceptive and is in breach of the legal requirements.

Parts of this advertising are unqualified and/or are not supported by acceptable evidence and therefore may mislead consumers.

Recommended solutions

This statement could be corrected to read:

Acupuncture and herbs are both an integral part of Chinese medicine practice, which may help patients to manage a range of symptoms including pain, stress and fatigue.

The advertising could also include further information about Chinese medicine theory, such as:

Chinese medicine is generally considered to be safe but occasionally (as with all health treatments) may be associated with possible adverse reactions in individual cases.

Additional examples of acceptable wording

Is acupuncture safe? As with all health practices, some patients may experience adverse reactions. Acupuncture is broadly considered a safe procedure, however Chinese medicine practitioners follow procedures to ensure that acupuncture is provided hygienically and with patient safety put first.   

Does acupuncture hurt? There are several styles of acupuncture, none of which should be painful when provided correctly and safely. A slight prick may be felt when a needle is inserted, often followed by something that may feel like a dull ache or a numb tingle.

Claims about treating autoimmune conditions, chronic disease, development conditions and cancer

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Referring to broad health areas without explaining specifically where and how Chinese medicine can help may mislead consumers and create unreasonable expectations. Advertising should be clear that Chinese medicine may be able to assist with the symptom associated with a condition, rather than claiming to treat the condition itself.

Claims made in advertising must be supported by acceptable evidence. For example, there may be evidence that supports the treatment of symptoms or a specific disease. Further guidance on acceptable evidence in advertising can be found on the Ahpra advertising hub and the Board’s website.

Example wording

Chinese medicine treatment can assist with:

  • Autoimmune disorders
  • Chronic disease
  • Paediatric physical and mental development concerns
  • Support for cancer treatment

This advertising is considered misleading and deceptive.

There is not acceptable evidence to cover the full spectrum of a set of conditions such as autoimmune disorders.

Recommended solutions

The example could be rectified by advising that:

Chinese medicine treatment may be able to assist with:

  • Management of pain, stress and fatigue related to some autoimmune disorders, in consultation with other treating health practitioners.
  • Management of pain, fatigue and nausea related to many chronic diseases.
  • Management of vomiting or nausea arising from chemotherapy.

Pay particular attention to:

  • the use of a list of broad health conditions in advertising as this is false and misleading, and
  • distinguishing in the advertising between whether the claim is for the treatment of a disease or a symptom associated with the disease.

Additional examples of acceptable wording

If you have an autoimmune disorder, Chinese medicine treatments, such as Chinese herbal medicine or acupuncture, may be able to assist with the management of pain, stress and fatigue, in consultation with other treating health practitioners.

If you have been diagnosed with chronic disease or cancer, there may be ways in which Chinese medicine compliment your treatment plan.

Claims about treating a list of health conditions

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Example wording

Chinese medicine treatment can help with:

  • Pain relief and management
  • Stress
  • Depression
  • Bipolar disorder
  • Multiple Sclerosis (MS)
  • Hashimoto Thyroiditis
  • Allergic rhinitis
  • PCOS and Endometriosis
  • Balancing hormones
  • Digestive disorders
  • Gastrointestinal conditions
    and diseases
  • Eczema
  • Psoriasis
  • Rosacea
  • Stroke
  • Parkinson’s disease
  • Epilepsy/seizures
  • Autoimmune conditions such as lupus, thyroid disorders

This advertising could be considered false and misleading.

This part of the advertisement requires more clarification to reduce the risk of misleading consumers.

These claims are considered false, misleading and is in breach of the legal requirements.

These parts of the advertisement are unqualified and/or are not supported by acceptable evidence and therefore are false and may mislead consumers.

Recommended solutions

This statement could be corrected to read: 

Chinese medicine treatment can help with:

  • Pain relief and management.
  • Stress.
  • Chronic pain related to depression by managing the underlying chronic pain. 

Pay particular attention to the use of a list of health conditions in advertising as this increases the likelihood that there will not be suitable supporting evidence and, therefore, is often false and misleading.

Additional examples of acceptable wording

Treatment provided by Dr Li may be able to assist with:

  • Management of pain, stress and fatigue related to some autoimmune disorders in consultation with other treating health practitioners.
  • Management of pain, fatigue and nausea related to many chronic diseases.

Acupuncture and herbs are both an integral part of Chinese medicine practice, which may help patients manage a range of symptoms including pain, stress and fatigue, which can be caused by a number of different health conditions.

Acupuncture involves the insertion of very fine, sterile, single-use needles on specific points on the body. It is drug-free and may be a clinically effective treatment method for a variety of health issues including non-specific lower back pain, osteoarthritis of the knee and tension-type headaches. Acupuncture treatment can help with pain relief and management, stress and chronic pain related to depression by managing the underlying chronic pain.

Dr Li’s areas of interest include:

  • Chronic disease 
  • Women’s health
  • Pregnancy and postpartum care
  • Autoimmune conditions

Chinese medicine is a holistic practice that takes a different approach to health than Western medicine. A Chinese medicine practitioner treats symptoms, rather than the condition itself. Symptoms that a Chinese medicine practitioner can treat include the management of pain, stress, fatigue and/or nausea related to a number of conditions, such as autoimmune disorders, chronic diseases or cancer. 

Claims about fertility treatment

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Many Chinese medicine practitioners make treatment claims relating to fertility. For the purposes of advertising there is insufficient evidence that Chinese medicine can effectively treat infertility or improve fertility, therefore it’s not appropriate to make claims about this in advertising.

In relation to a claim about supporting infertility treatment, this may be appropriate to include in advertising with the appropriate context.

There is some research evidence that Chinese medicine treatment may assist in supporting specific fertility treatments such as IVF, and there is also broad agreement by Chinese medicine practitioners and other health practitioners about acupuncture as an adjunct treatment for IVF. If this is made clear in your advertising that this is the case, you will be unlikely to mislead consumers.

Example wording

Acupuncture can assist with fertility and can also be used to help support other fertility treatments.

Chinese medicine can balance your hormones, regulate your ovulation cycle, and increase the lining thickness of the uterus.

Chinese medicine can improve your sperm count, sperm quality and/or motility.

This advertising could be considered misleading and deceptive.

This part of the advertisement requires more clarification to reduce the risk of misleading consumers.

These claims are considered misleading, deceptive and is in breach of the legal requirements.

These parts of the advertisement are unqualified and/or are not supported by acceptable evidence and therefore may mislead consumers.

Recommended solutions

This statement could be corrected to read:

Many health practitioners may recommend acupuncture as an adjunct treatment that may assist with IVF treatment. There is continuing research about how acupuncture can assist with the effectiveness of IVF treatment. You should consult your treating practitioner/s about how acupuncture may be able to help you. 

Additional examples of acceptable wording

Dr Li may be able to assist in supporting you in your journey to conceive by providing education to help with the stress associated with female health issues including PCOS, irregular cycles and other potential gynaecological issues.

Some health practitioners may recommend acupuncture as an adjunct treatment that may assist with IVF treatment. There is continuing research about how acupuncture can assist with the effectiveness of IVF treatment. You should consult your treatment practitioner(s) about how acupuncture may be able to help you.

Claims about pregnancy

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There is insufficient evidence to be able to make advertising claims that acupuncture or Chinese medicine treatment can treat some conditions or medical events related to pregnancy.

The Board is particularly concerned about these types of claims in advertising given they refer to significant medical events.

Example wording

Are you pregnant? Acupuncture can help with:

  • Pregnancy-related aches and pains.
  • Nausea and vomiting.
  • Preventing miscarriage.
  • Lowering the chance of caesarean section.
  • Correcting breech position using acupuncture and moxibustion.

These claims are considered false, misleading and is in breach of the legal requirements.

These parts of the advertisement are unqualified and/or are not supported by acceptable evidence and therefore are false and may mislead consumers.

Recommended solutions

This statement could be corrected to read: 

Are you pregnant? Chinese medical treatment may be able to help pregnant women with:

  • Pregnancy-related musculoskeletal pains.
  • Nausea and vomiting. 

Pay particular attention to:

  • the use of a list of health conditions in advertising as this is often misleading, and
  • being clear in the advertising whether the claim, supported by suitable evidence, is for the treatment of a condition of a symptom associated with the condition.

Additional examples of acceptable wording

Dr Li can provide a bespoke approach to diagnostics and may be able to assist with: 

  • Management of pain, stress and fatigue related to pregnancy

Acupuncture may be able to help pregnant women with pregnancy-related symptoms, such as musculoskeletal pains, nausea and vomiting. 

Common pregnancy symptoms that Dr Li treats:

  • Morning sickness.
  • Headaches.
  • Stress management.
  • Musculoskeletal pain

Research has shown that acupuncture can be an effective treatment to relieve pain of the back or pelvis during pregnancy and may be helpful for nausea and headaches1.

Using specialist terms in advertising

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‘Specialist’ is a category of registration under the National Law. However, there are no recognised specialist categories in the Chinese medicine profession. Even if you have extensive training and experience, you cannot give the impression or advertise that you specialise or are a specialist health practitioner. This constitutes an offence under the National Law and may be subject to penalties.

Example wording

Our practice includes Dr Li (Chinese medicine practitioner), who specialises in antenatal care

This advertising is considered misleading and deceptive as it includes claims about specialising.

Chinese medicine practitioners cannot use the term ‘specialist’ or ‘specialising’ (or similar) when referring to their practice or registration in their advertising. 

Recommended solutions

This advertising would need to be corrected by removing the reference to specialising in antenatal care. 

Instead, Dr Li could say: 

I have over 10 years of experience providing antenatal care.

Pay particular attention to:

  • specialist registration applies to only a small number of health professionals, and
  • Chinese medicine practitioners can only apply for general registration and cannot imply they hold specialist registration. 

Additional examples of acceptable wording

Dr Li
Clinic owner / director
Doctor of Chinese medicine and registered acupuncturist (BHSc.Acu)

Dr Li is an acupuncture and Chinese medicine practitioner who has a decade of experience in the areas of chronic disease, women’s health, pregnancy and postpartum care and autoimmune conditions. 

Advertising includes a testimonial

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Feedback or reviews from patients that include a clinical aspect of a regulated health service are defined in the National Law as testimonials, which cannot be used in advertising. 

Example wording

Jac, 47, is one of our many patients who experienced great results with Chinese medicine treatment who says: ‘All the acupuncturists at this clinic are great and so are the results. My chronic back pain is much improved after only five sessions’.

One of our patients, ‘Roy’, was suffering from severe migraines for over two months. ‘After seeing multiple doctors and numerous hospital visits, it seemed like every avenue had been exhausted’, Roy said. ‘Even the specialists had no idea. Then I tried acupuncture with Dr Li and within hours I felt better. I haven’t had a migraine since. Dr Li is a miracle worker!

This advertising includes a testimonial - it will therefore need to be removed.

Testimonials or purported testimonials are prohibited under the National Law when advertising regulated health services.

Recommended solutions

This statement can be used because it doesn’t include a clinical aspect and therefore is not considered a testimonial. 

Alex, 35, says: ‘The practice is in a great spot so parking isn’t a problem. The staff are lovely and I have been going there for many years’.

Additional examples of acceptable wording

I passed Dr Li’s clinic while walking home from the park and wondered if they would be able to treat my symptoms. I was very happy with the service provided, right down to the magazines in the waiting room, which were pretty good.

I was very nervous before my appointment due to my fear of needles, however Dr Li was wonderful and made me feel calm and at ease. 

This clinic has a fantastic waiting policy – even though someone had arrived very early and was in the waiting room before me, I was seen exactly on time – before them! I will be returning! 

The staff at this clinic are fantastic and a credit to their profession. 

I had an accident falling off of a ski lift. This clinic gave me an urgent appointment and helped me a lot. 

 
 
 
Page reviewed 14/10/2024
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