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This information outlines examples of advertising claims that don’t meet the legal requirements and how to make them compliant. The Australian Health Practitioner Regulation Agency (Ahpra) and the Chiropractic Board of Australia (the Board) are sharing these examples to help you check your own advertising to ensure you comply with your obligations under the National Law.
Why the advertising is non-compliant and how the specific examples could be corrected is based on our assessment of advertising complaints we have received for the chiropractic profession. To do this 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 chiropractors and are some of the most common mistakes we see. We have also published common examples which highlight advertising from various regulated health professions but are still important to help you make your advertising compliant.
Check your advertising: Chiropractic examples PDF
This document comprises examples of advertising considered false, misleading or deceptive, because:
The limited research evidence across manual therapies is not supportive of practitioners making advertising claims that they can effectively treat non-musculoskeletal conditions. However, sometimes chiropractic care may benefit aspects of some non-musculoskeletal conditions and syndromes. For example, manual therapy may help with musculoskeletal aspects of a non-musculoskeletal condition such as muscular tension often associated with asthma, and in these circumstances chiropractic care could be helpful in managing the condition alongside care from other practitioners.
If advertising refers to a specific non-musculoskeletal condition, it should be clear that the practitioner is treating the aspects of the condition amenable to manual therapy and the role of the treatment should not be overstated.
These examples highlight non-compliant advertising by chiropractors and/or chiropractic related websites, Facebook pages, print advertisements and/or advertising by chiropractors or chiropractic clinics on third party websites.
Text in green means this is okay and is unlikely to mislead consumers.
Text in orange means it can depend. If you have qualified your advertising by providing the appropriate context and clarification, it is unlikely to be misleading to consumers.
Text in red means this advertising is in breach of the legal requirements, and you should remove it from your advertising.
This advertising is considered false misleading and deceptive. Parts of this advertising are unqualified and/ or are not supported by acceptable evidence and therefore may mislead consumers.
Statement 1
Chiropractic has been proven to be a very safe and effective healthcare modality in Australia
Statement 2
Chiropractic treatment can help with:
Contact us to book an appointment!
To resolve the issues with this advertising, we suggest the following changes.
Statement 1 could be corrected to read:
Chiropractic treatment may help patients to manage a range of musculoskeletal conditions, as well as musculoskeletal aspects of non-musculoskeletal conditions
See Note 1 for more information
Statement 2 could be corrected to read:
See Note 2 for more information
Do you have a young child?
Chiropractic care can assist infants and children with:
Chiropractic offers natural, drug-free solutions to keep your children developing at full potential.
A recent study has shown that spinal adjustments/chiropractic care is effective in the management of children with hyperactivity.
The results of this study show that chiropractic is an important non-drug intervention for children with hyperactivity.
Statement 1 These statements cannot be corrected and must be removed
Statement 2 These statements cannot be corrected and must be removed
This advertising is considered false, misleading or deceptive. Parts of this advertising are not supported by acceptable evidence so may not be included in advertising.
If there is not acceptable evidence to support a claim it may not be in included in advertising
Are you pregnant?
Chiropractic treatment can help pregnant women with:
Chiropractic treatment can help clear your nervous system of interferences, which in turn can improve fertility, and aid in conception to become pregnant.
Statement 2 This statement cannot be corrected and must be removed
This advertising is considered false, misleading or deceptive. Under the National Law there is no specialist registration for chiropractic. When a practitioner does not hold specialist registration, advertising that uses words or titles related to specialty is likely to mislead the public to believe the practitioner holds a type of specialist registration.
Advertising that uses the words, or variations of the words or phrases ‘specialist’, ‘specialises in’, ‘specialty’, or ‘specialised’ is likely to mislead the public to believe the practitioner holds a type of specialist registration approved under the National Law.
We use specialised chiropractic techniques in our practice.
Statement 3
Our practice specialises in chiropractic care for children.
Statement 4
Our practice includes Dr McKenzie (chiropractor) Our practice specialises in chiropractic care for children.
Chiropractors are spine experts.
We use several specific chiropractic techniques in our practice.
Statement 3 could be corrected to read:
Our practice has a specific interest in chiropractic care for children.
Statement4 could be corrected to read:
... who says “I have a particular interest in musculoskeletal issues in children.”
This advertising is considered false, misleading or deceptive. There is no provision in the National Law that prohibits a practitioner from using titles such as ‘doctor’ or ‘Dr’ but there is potential to mislead or deceive if the title is not applied clearly.
If practitioners choose to adopt the title ‘Dr’ in their advertising and they are not registered medical practitioners, then (whether or not they hold a Doctorate degree or PhD) they should clearly state their profession.
Dr McKenzie has spent the last 10 years as a health practitioner practising in the field of musculoskeletal sports injuries
Dr McKenzie (chiropractor) has spent the last 10 years as a health practitioner practising the field of musculoskeletal sports injuries.
or
Dr McKenzie has spent the last 10 years as a chiropractor practising in the field of musculoskeletal sports injuries.
This advertising is clearly a testimonial.
Testimonials or purported testimonials, that is, recommendations or positive statements about clinical aspects of a regulated health service are prohibited under the National Law when advertising regulated health services.
Pay particular attention to testimonials (real or fake) which can be misleading for consumers, particularly about a clinical aspect. If you’re unsure about whether or not the feedback relates to a clinical aspect of a regulated health service, it’s best to seek legal advice or leave it out.
Jac, 47, is one of our many patients who experienced great results with chiropractic treatment. Jac says: ‘As a patient who has received this treatment, I confirm that it really does work and my chronic back pain is much improved after only five sessions’.
Statement 1 An example of a recommendation that could be used in advertising:
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’.
This advertising is considered to encourage the unnecessary use of regulated health services. The advertising is also considered to be false, misleading and deceptive as it includes claims that are not supported by acceptable evidence.
Did you know that regular checking of newborns, toddler and children’s spines by a chiropractor for subluxations are essential to help deal with trauma in gestation/birth/childhood and prevent illness later in life? Book a visit for your child now.
The birth process can, and often does, cause your baby’s first subluxation, especially if forceps or suction is used. During birth the shape of the baby’s head can be altered and it can also place unnecessary pressure on parts of the brain which if not corrected can lead to subtle changes in development.
The sooner a baby can be checked following birth the sooner the bone structure of the baby can be accessed and corrected if needed.
Having your child’s spine carefully assessed for spinal problems after birth gives them a good foundation for healthy growth and development later in life. Many parents are amazed at how such gentle and non-invasive care can make such a positive impact on the health of their child.