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| Sunday, 1 May 2005 |
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Features |  |
| News Business Features Editorial
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Ombudsman column by the National Consumer Watch Truth in advertising - (2) Consumerism is considered to be a healthy sign in a thriving market economy, and to judge from the multifarious products spilling out on the city pavements these days, and the throngs of people buying and bargaining at these stalls, consumerism is alive and well in Sri Lanka. While it is very necessary that consumers are made aware of what is available in the marketplace, and advertising is the means by which producers and traders bring their products into the awareness of consumers, unless advertisements are monitored for truth and for compliance with business ethics, we the public could be lured or hoodwinked into buying inferior products, or those that do not actually do what they profess to do, and sometimes, unfortunately, with dangerous consequences. Dangerous ads and commercials Some TV commercials are particularly alluring and they use the charm of children in order to generate interest in their product. However, sometimes children are used in ways that are dangerous to them. Many viewers of television ads tend to think of these ads as harmless nonsense, and consider them acceptable even though the commercials may present a dangerous idea or situation. For example, a certain toothpaste is suggested as superior because it gives its users strong teeth and gums, and the way this idea is portrayed is by using a child with a charming grin to use his teeth to pull at the rope and win a tug-o'-war contest. Some children who view this may attempt to actually repeat what they see, with resultant serious injury to themselves. Nothing whatsoever is stated in the ad to discourage children from actually attempting what is shown in the commercial. In another example, the TV commercial suggests that when a certain over-the-counter medicine is used, its effectiveness is such that children can get drenched in the rain, yet not catch colds or 'flu as the medicine would adequately protect them; a scientifically unproven fact, with perhaps dangerous health consequences. The commercial goes so far as to have the child inform the mother that it is all right to go out in the rain as long as this particular medicine is used. Here, in addition to the health consequences, there is the negative social impact in a society such as Sri Lanka where the relationship between elders and children is traditionally one in which respect for elders is encouraged. In the commercial, the child openly challenges the mother's ideas, and in this case with a scientifically unproven fact that is being insinuated as being superior to the traditional idea. To make it worse, in the commercial the mother smilingly acknowledges the child's statement, giving it the nod so to speak. In countries with properly enforced consumer laws, any commercial involving a stunt would carry a statement that the stunt was done by professionals and that it should not be attempted by non-professionals. This advises the public of the dangers involved, and at the same time circumvents the possibility of a lawsuit in case of injury to someone attempting the stunt. It therefore protects both advertiser and customer. Dangers from ads on medicines and therapies In recent years, Alternative Medicine has become increasingly popular. Advertisements on alternative medical treatments of diverse origins such as our own indigenous Ayurveda, Indian Ayurveda, Traditional Chinese Medicine, Acupuncture, Homoeopathy, and a host of others, have started to appear in the newspapers, and the treatments are gaining popularity as being effective, especially for chronic illnesses. While these therapies may indeed be effective in the case of some patients, the issue is about advertisements which claims that the cures are 100 per cent guaranteed, and also those which give the impression of being scientifically proven. In one such claim, the treatment is advertised as being non-surgical and effective in curing serious heart conditions without resorting to open-heart bypass surgery. The assertions are very definite, and the cure is purported as being guaranteed. The ad seeks to lure people who are wary of undergoing surgery, and it does so with the promise of a definite cure. Clearly, this is a false claim, as 100 per cent of the patients seeking this method would not be cured. At any rate, no scientific evidence or supporting data is provided either through references to the medical literature or to other information accessible to the public. In another example, the ads assert that acupuncture or another alternative therapy is a definite cure for arthritis, asthma, and diabetes, all of which show an increased incidence today especially in our urban populations. While there are cases where acupuncture has been effective, there are also many cases where no positive improvement has resulted. The problem therefore is the assertion of definite cure. In the absence of a disclaimer to protect the marketer, there could be legal consequences to the marketer. In the absence of advice to protect the consumers, there could be dangerous consequences to their lives and health, especially of those consumers who may not resort to normal medical treatment in time to avert serious consequences of the disease. In so-called developed countries legal suits are used for resolution of injury from irresponsible medical advertising, and in time, (no doubt in Sri Lanka too), this would be the way such abuses should be resolved. In the interim, consumer education and caution is our only protection against being duped by advertiser claims. National Consumer Watch of Sri Lanka advises consumers to: * Take advertiser hype with a pinch of salt and to protect themselves by acting on the side of caution, especially with regard to health-related products * Remember that an advertisement seeks to sell a product, and exaggerated claims may not be true. Please send your queries and suggestions to: National Consumer Watch of Sri Lanka, 143A, Vajira Road, Colombo 5
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