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This information outlines examples of advertising claims that don’t meet the legal requirements and how to make them compliant. Ahpra and the Osteopathy Board of Australia 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 osteopathy 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 below are specific to osteopaths 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.
These examples highlight non-compliant advertising by osteopaths and/or osteopathy related websites, Facebook pages, print advertisements and/or advertising by osteopaths or osteopathy clinics on third party websites.
Osteopathy treatment can help with:
This advertising is considered misleading and deceptive.
Parts of this advertising are unqualified and/or are not supported by acceptable evidence and therefore may mislead consumers.
Osteopathy may be able to help manage symptoms often associated with asthma (e.g. muscular tension) rather than treating the condition itself. If this is made clear in your advertising that this is the case then you will be unlikely to mislead consumers. Behaviour and learning disorders are non-musculoskeletal conditions and have no clear musculoskeletal symptoms. There is not acceptable evidence to justify a reference to these conditions in advertising by an osteopath. This statement could be corrected to read:
Osteopathic treatment can help with:
Pay particular attention to:
Are you pregnant? Osteopathy treatment can help pregnant women with:
Parts of this advertising are not supported by acceptable evidence and therefore may mislead consumers.
In this advertising there are no clear links between osteopathy treatment and the causes of the non-musculoskeletal conditions listed (in red).
There is no acceptable evidence that osteopathy can effectively treat the conditions listed in red, therefore it’s not appropriate to make claims about them in advertising.
This statement could be corrected to read:
Our practice includes Dr Smith,
This advertising is considered misleading and deceptive as it includes claims about specialising.
When a practitioner does not hold specialist registration, any advertising using words or titles related to specialty (e.g. ‘specialist’, ‘specialises in’ or ‘specialised’) is likely to mislead the public to believe the practitioner holds a type of specialist registration approved under the National Law.
There are no recognised specialist categories in the osteopathy profession. Osteopaths cannot use the specialist terms (e.g. ‘specialist’ or ‘specialises’) in their advertising. Even if you have the appropriate training and experience, you cannot give the impression or advertise that you specialise in osteopathy or are a specialist osteopath.
This advertising would need to be corrected by removing the reference to specialising in paediatrics.
Instead, Dr Smith could say:
who specialises in paediatric osteopathy.
I have a particular interest in musculoskeletal issues in children.
Bailey, 35, is just one of many satisfied patients who says: ‘As a patient who has received this treatment, I confirm that it really does work and my back pain disappeared after three sessions’.
This advertising includes a testimonial.
Testimonials or purported testimonials are prohibited under the National Law when advertising regulated health services.
Feedback or reviews from patients that include a clinical aspect of a regulated health service cannot be used in advertising.
The testimonial in red includes a clinical aspect and is prohibited in advertising - it will need to be removed.
The statement in green can be used because it doesn’t include a clinical aspect and therefore is not considered a testimonial.
A clinical aspect exists if one of the following is expressed:
If you’re unsure about whether or not a review used in your advertising breaches the prohibition on testimonials, you may wish to seek independent advice or remove it from your advertising.
Charlie, 46, says: ‘The practice is really lovely and I have been going there for years. Parking is great and there are lots of magazines in the waiting area’.
Did you know that checking of newborns, toddler and children’s spines by an osteopath for any musculoskeletal issues are essential to help deal with trauma in gestation/birth/ childhood and prevent illness later in life? Book a visit for your child now.
This advertising is considered misleading and deceptive and encourages the unnecessary use of health services.
This statement claims that a check-up with an osteopath can prevent illness later in life. This claim is not supported by acceptable evidence and therefore may mislead consumers.
This statement also encourages patients to seek treatment when it is not clinically indicated (i.e. in the absence of any particular symptoms) and may encourage the unnecessary use of regulated health services.
This claim goes further than just recommending a check-up, and links a check-up with an osteopath to a therapeutic benefit for the consumer for which there is no acceptable evidence. In this case indicating the actual prevention of disease.
This statement will need to be removed.
Disclaimer: The information used in these examples is for guidance only. If, after reviewing the examples listed, you are still unsure if your advertising complies with the National Law we recommend you seek advice from your professional association, insurer and/or independent legal adviser.