ISSUE 01 / NOVEMBER 2017

THE
MAGAZINE ALYSSA SPILLS ALL

What do the House of Lords & House of Commons Say?

CLICK TO FIRE!

How the ASA used Trading Standards to:

- put Alyssa under caution (like a criminal rights are read)

- threats to raid her home

- threats to have her arrested

Why? Alyssa's solicitor is yet to receive allegations

 TABLE OF
Cover Image kindly provided by supporter
of Alyssa Burns-Hill. Thank you!
CONTENTS
LET'S MEET GUY PARKER, CEO 04

LET'S MEET KAREN FORD 05

the MENOPAUSE DECLARATION 06

ALYSSA'S MOVIE 08

IS IT LEGAL, DECENT, HONEST & TRUTHFUL? 10

THE POLITICS OF HEALTH 12

YOUR CAM PRACTICE & ASA LTD 13

WHAT'S WRONG WITH ASA LTD 14

WHAT DO THE HOUSE OF LORDS & HOUSE OF COMMONS SAY? 18

WHAT DO THE PEOPLE SAY? 22

HAVE YOU BEEN TOTALLY BEWILDERED BY THE ASA 24

DO YOU HAVE A HEALTH-RELATED DOCTORATE? 26

ALYSSA & ASA LEGAL BACKSTOP - TRADING STANDARDS 29

DOES THE ASA OBSERVE OUR HUMAN RIGHTS? 30

SUPPORT OUR CAMPAIGN - DONATE! 31

COMPLAINT ABOUT YOUR AD? 32

THE ROAD AHEAD - GRCCT? 33

2 WHAT'S YOUR VIEW?- QUICK SURVEY 34

FROM THE
EDITOR
Email:
editorASATheMag@gmail.com
You can subscribe for future issues by
adding your email where you see this box.
It's FREE to keep in touch.
If you would like to support what we are
doing here please think about donating to
our cause to raise awareness and take
legal action. THANK YOU!
This Magazine has been created to raise
understanding and knowledge about
what the ASA can do to you.
It has been crippling to Alyssa Burns-
Hill's life with 'Adjudications' that the
ASA cannot or will not substantiate,
which raises an issue. Why do we have
to substantiate our publications, but the
ASA does not?
We all need to be aware of the costs of
coming under the review of this
organisation. It's an organisation that is
out of reach and out of touch. There is a
great deal of publicity but the
Government doesn't want to do anything
about it. Do we do what a lot of people
do - ignore them? After all, how can you
take an organisation seriously when they
constantly backtrack on decisions? But,
when you read what happened to Alyssa
you will be horrified that someone could
be put through what she's been put
through by a limited company and a
statutory body.
This issue is mainly about Alyssa, but
please send in your stories and
comments so that we can start work on
the next.
We look forward to hearing from you.
Please feel free to share this as much as
possible to raise awareness. That is our
aim.
THERE NEEDS TO BE PROPER:
PROCESS
USE OF EXPERTISE
and AUTHORITY with a capital A!
3
 Let's Meet guy parker
CEO ASA
Guy Parker says, "We're more than happy to be open to scrutiny, we respond to challenges to our
regulation and we're always reviewing our policies, practices and procedures". (Letter to Alyssa 29
Sept. 2017)

We would like the ASA to justify the following:

On Use of Dr for people with health-related PhD's Guy Parker also said, "We formally consulted
six professional and regulatory bodies on the Dr issue, including the General Medical Council, the
British Medical Association, the Care Quality Commission, the General Dental Council, the General
Chiropractic Council and the Health and Care Professions Council."

Question: what has consultation with medical professional bodies got to do with a university
conferred title and global academic tradition?

How can menopause can be declared 'a serious medical condition' by the ASA when NICE
(National Institute for Health & Care Excellence and WHO (World Health Organisation) say that
it's a stage of a woman's life?

Question: What Authority does ASA have to make such declarations?

GUY PARKER IS NOT COMMUNICATING NEITHER IS THE COUNCIL. ALYSSA WROTE AT THE
BEGINNING OF OCTOBER 2017 - AS OF 31 OCTOBER, NO RESPONSE. DO THEY HAVE ANY
JUSTIFICATIONS? IT APPEARS THAT THEY DON'T. They do not offer a professional or regulatory
function if they are unable or unwilling to respond with any level of credibility.

Guy Parker from his Twitter Account

4
 Let's Meet karen ford
Camden Trading Standards -
ASA 'legal backstop'

Karen Ford put Alyssa under immediate caution - that means to be read your legal rights - and
advised her to get a solicitor. She accused Alyssa of serious crime on the basis of the ASA
referral about use of Dr and salivary hormone testing (a UK regulated and accredited activity by
the CQC, the health regulator). She then issued threats through Alyssa's solicitor to raid her
home and to have her arrested.

This woman no longer works at Camden, but with her published history why was she employed
there on a wider, national remit?

Can you imagine the stress that this caused for almost 8 months of Alyssa's life.

Can you imagine being left to feel like a criminal without any dialogue whatsoever?

Alyssa's solicitor couldn't find any allegations on which Karen Ford issued these legal threats.

The investigation has been closed, but Guy Parker says Alyssa is still guilty, so watch this
space! But if Alyssa is guilty of crimes isn't the ASA guilty of obstructing justice? They
intentionally declined to refer my case to their 'legal backstop' for more than 3 years. Alyssa
told them that she wanted to be referred - they actively declined. (See more on page 29)
Image from Karen Ford from MK Citizen 31 March 2014

5
the
MENOPAUSE
declaration
by Alyssa Burns-Hill, PhD, MSc, FRSPH, MIHPE

ASA says 'menopause is a serious

medical condition'
The Curious Case of the ASA and the Menopause: when are they are going to stop
digging?
On 20 September 2017 I published an article on LinkIn on how the ASA had declared that the
menopause was a 'serious medical condition'. I wrote to Guy Parker to let him know how
ridiculous this was. The Alliance for Natural Healh also published a blog, which received quite a
few choice comments directed at ASA.

Debs de Vries on the Alliance for Natural Health blog about this says:

I have spoken to medical professionals btw who are horrified at this classification. They agree that menopause is:
a: just a one time event (12 months after the lmp) and b: not a condition, simply a stage ,and cannot be classed as a
condition. Menopause is a description of a natural stage in life.

The ASA modified their declaration around the end of Septemer and I wrote another article to
update everyone and now they have modified it yet again! As IHCAN Magazine says in its
November issue, "As if to emphasise its confusion, the ASA Ltd now has a classic piece of double-
think on its website. It says: "Whilst the menoause itself is obviously not a medical condition, the
ASA is likely to consider the SYMPTOMS of the menopase to be CONDITIONS for which medical
supervision should be sought." "(Emphasis added.) You can read my article on menopause in the
same issue.

November 2017

So has the ASA now dug itself into a grave on this with their backtrack of - the SYMPTOMS of the
menopause are serious so you must seek medical supervision? Personally I think they should
have stopped digging a long time ago and conceded their mistake. How can you have any level
of respect for an organisation that does not collaborate or seek appropriate advice from
appropriate sources?

As Lord Palmer said, "They reflect inadequate reasoning for decisions which seem to change,"
before he mentions the ASA ruling on MAC cosmetics and an advert for safe cycling in Scotland
to illustrate his point and now we also have a menopause saga.

Why is the ASA making medical declarations that are

not backed up by organisations such as National
Institute For Health & Clinical Excellence and the
World Health Organisation? 7
 ALYSSA'S MOVIE
Alyssa made this movie after the ASA kept declining to refer her case to its
'legal backstop'. She told them so many times that she wasn't going to
comply with their 'Adjudication', but instead they just wanted to coerce her
to comply by taking out Google Ads to advertise their 'Adjudication'.

The www.asa-the-truth.org.uk website is down due to a malware attack earlier this year. But this
publication aims to supercede it as a campaign awareness raiser.

In the movie you will hear what Dr Rob Verkerk of the Alliance for Natural Health has to say
about the Advertising Standards Authority; and, in a poll in a London street this is what the public
think:

Out of the people surveyed who have heard of the ASA:

40% think they are part of the Government

25% didn't know or wern't sure of their status
20% think they are statutory but "independent"
15% think they are "independent"

What do you think they are? Are you surprised to learn the Truth?

8
In 2002, Rob founded the Alliance for
Natural Health International (ANH-Intl) .
He has directed legal actions to protect the
right to natural health. He has also been
instrumental in exposing the limitations
of classical risk analysis as applied by
government authorities to foods and
natural health products. He is a recognised
pioneer in the development of novel,
scientifically rational risk/benefit analysis
approaches.
9
 IS THE ASA LEGAL, DECENT, HONEST & TRUTHFUL?

As Baroness King said, "... one of the problems here is that the ASA is called the Advertising
Standards Authority, when it is not in fact a statutory body at all."

We agree Baroness King and there is another point, the group of companies that make up the ASA
:

Advertising Standards Authority (ASA) Ltd - company number - 00733214

Committee of Advertising Practice (CAP) Ltd - company number - 08310744
The Advertising Standards Authority (Broadcast) Ltd - company number - 05130991
The Broadcast Committee of Advertising Practice Ltd - company number - 05126412

are not acceptable names for registration at Companies House

and according to the rules at Companies House

A detail that is often left off in ASA communications - are they intentionally misleading us?

IS THIS LEGAL?
The ASA is funded by industry levies to 'self-regulate' and they do this by making and publishing
declarations and 'adjudications' for which they do not seek appropriate reference or
collaboration in order to arrive at a robust and substantive assertion upon which they can rely.

Why do 'defendants' have to provide 'evidence' for their publications, but the ASA does not?

IS THIS DECENT?
10
The ASA has a process of evaluation that is not transparent and does not allow a 'defendant' to
submit their own case to answer a complaint. The case is prepared for submission to the
Council by an Executive who may or may not understand the materials they are working with.
For example, Alyssa's adjudication required her to remove the title Dr and a suggested
replacement recommended that she lie about her qualifications and make it look like she had a
PhD and a doctorate. Where is the rigour in their work? Why are they meddling in matters of
Education?

IS THIS HONEST?

from advertisingstandardsbullies.com

If you want to appeal your adjudication there are apparently no access points to courts, only an
"Independent Reviewer" who is on their payroll and a Judicial Review, which is extremely
costly.

As Lord Stevenson said, "... can we be absolutely certain that the current arrangements satisfy
the EU Directive?"

As Jim Shannon in the House of Commons said, "Many of us have had cause to have dealings
with the ASA, and, all too often have seen it go far beyond the reach intended for it."

Is the Government going to continue to support an organisation that appears to have gone
rogue as a pseudo-regulator?

This regulator is causing a great deal of embarrassment through its:

- poor process;

- lack of proper collaboration;

- its creeping agenda;

- and; its unclear status.

IS THIS TRUTHFUL? 11
 With thanks to WDDTY

12
Richard Eaton LL.B. (Hons) was called to the Bar in 1982 and is a retired barrister.
He is a Member of the Institute of Enterprise and Entrepreneurs (MIoEE) and a
retired Fellow of the Chartered Institute of Legal Executives (CILEX). Richard has
diverse professional and business experience acquired as a practising member of
the legal profession, as a lecturer in law and as a Company Director.

Richard concludes ...

Sandra Goodman PhD, Co-founder and Editor of Positive Health, trained

as a Molecular Biology scientist in Agricultural Biotechnology in Canada and
the US. She has focused upon health issues since the 1980s in the UK.
Author of 4 books, including Nutrition and Cancer: State-of-the-Art, Vitamin
C The Master Nutrient, Germanium: The Health and Life Enhancer and
numerous articles, Dr Goodman was the lead author of the Consensus
Document Nutritional and LifeStyle Guidelines for People with Cancer and
compiled the Cancer and Nutrition Database for the Bristol Cancer Help
Centre in 1993.

13
The ASA is acting beyond its remit and effectively attempting to act as a regulator of what
constitutes medical practice.

The ASA is not basing its decisions on the available scientific knowledge (CAP Code12.1), or
even on the dominant paradigm of evidence-based medicine (EBM).

The ASA is adopting the radical view that only randomised controlled trials (RCTs) are
objective and have validity, and that patients reports on their own health are subjective
and invalid, even when backed by other evidence.

The ASA is refusing to permit publication of evidence of effectiveness in clinical practice, even
when the evidence is gathered by national health services from thousands or millions of people,
and even when nature of the evidence is clearly identified.

The ASA has admitted that it does not have the competence to assess evidence relating to
holistic/natural/integrative medical practice.

When the ASA does employ the services of experts, their qualifications, career path and
financial interests have previously been almost entirely allied to conventional medical
pharmacology, with no evidence of any training or qualifications relating to the subject therapy.
Faced with evidence which contradicts its arguments, the ASA has redrafted the arguments,
ignored the evidence, or even redrafted the complaint in order to retain the same conclusion.
One complaint was radically redrafted after seven months of correspondence, despite the fact
that the ASA requires that Complaints must be made within three months of the marketing
communications appearance.

The ASA makes claims without producing any evidence to support them, and then bases its
conclusions on such unsupported claims.

The ASA uses slanted language. The investigation team consistently slants its presentation of
marketers cases negatively by stating that they believe that their evidence supports their
statements, and believe their conclusions to be true. On the other hand, the investigation team
positively slants its own opinions by considering its own statements to be the case, even when
these are opinions unsupported by any evidence, and by concluding from these opinions as
though they were based on sound evidence.

The ASA investigation team presents the prosecution case to the ASA Council; the
investigation team has complete control over the presentation of the defence case; and the
investigation team also recommends the judgement. This is a fundamentally flawed approach,
especially in the context of the other issues outlined above.

The ASA intimidates advertisers, mainly, in this case, self-employed therapists with language
that makes the ASA sound like a government agency, when in fact it is a private limited company
created by the advertising industry.
14
Example Cases

15
 More Example Cases

Martin Weightman is the Director of Freedom4Health and has worked in the field of human
rights for more than 30 years. He has been (and still is) actively involved in a number of human
rights organisations working on issues such as human rights education, freedom of expression,
freedom of religion, psychiatric abuse and particularly the use of psychiatric drugs on children.

Much of this time he was based in Brussels and was involved with European Union institutions
as well as other international human rights bodies, such as the United Nations, the Council of
Europe and the Office for Security and Cooperation in Europe. He has work experience
investigating human rights abuse, gathering information and presenting a case to right these
wrongs. In doing so he has extensive experience with European and National parliamentarians
and officials, as well as concerned academics and other human rights organisations.
16
SAYS ...

Derek Price who set up LadyCare in the UK went to court to stop the ASA harassing him about his
product LadyCare. The Office of Fair Trading (OFT) agreed with the evidence that LadyCare
provided. Interestingly they were told by an Officer of the ASA, which was confirmed by their
solicitors, that ASA would never accept any of your clinical trials for your products as if we did this
for you, this would open the floodgates for all other magnetic products.

However this wasnt the end of the situation and they continued to be harassed despite the OFT's
support. Ladycare, in our opinion, has one of the largest amounts of evidence to prove that their
product works and is fit for purpose, including many clinical trials. The product is used by the
NHS and continues to gain support by many users worldwide, including an endorsement by
international singer Belinda Carlisle.
17
 WHAT DO THE HOUSE OF LORDS
& HOUSE OF COMMONS SAY?
Baroness Deech has gone Practice, and can be ignored according to the principles of
firmly on record in the House after the advice is received. The natural justice, most notably
of Lords in 2015; and, in her chair and council members of showing all the material to both
second debate about the ASA the ASA double up as the sides, which the ASA does not.'
she was particularly company directors of the ASA
forthcoming saying: with oversight. The ASA is not John Glen MP brought an
subject to freedom of Adjournment Debate on behalf
'Sir Brian Leveson analysed the information requests. Three of two of his constituents
insufficiencies of self- industry panels advise the CAP saying:
regulation in his report on the and the ASA. It is not
press. The ASA suffers from all accountable to anyone outside 'I have been involved with two
those defects: the control of the the industryindeed, it is separate cases relating to the
funders over appointment and hermetically sealed. Successful ASA on behalf of constituents. I
setting standards. The ASA is judicial review is very difficult, intend to spend the balance of
not a government agency, not as it is directed only to the my time on the second, but the
elected, and not overseen. It is lawfulness of the ultimate first is the case of Innovate
funded by the advertising review by the independent Product Design, an excellent
industry through the levy reviewerone personand in Salisbury company that
collected by the Advertising general cannot look at the provides a complete service to
Standards Board of Finance reasonableness of the ASA inventors, from patent search
ASBOF. The chair of the ASA is decision itself. and product protection to
appointed by ASBOF. The design and prototyping and
council members appear to be For these structural reasons the advice on marketing. It has had
appointed by the chair alone, ASA does not qualify to be a full six complaints, not upheld,
and the fact that the majority member of the Ombudsman against it but still has
are not connected with the Association, which, like outstanding concerns about the
advertising industry does not Leveson, requires members to material subject to the ASAs
make the ASA independent in be independent of those whom ruling and whether it was within
the regulatory sense. The codes they investigate and that they the scope of the advertising
of practice are written by an have a minimum term of code. I hope to resolve this with
industry committee, the appointment of five years so a meeting that I have asked
Committee of Advertising that they are not under Craig Jones of the ASA to
PracticeCAPwhich shares pressure when it comes to the convene with ASA
an executive with the ASA. question of renewal; ASA representatives ...
members have a three-year
Therefore the code-writing, renewable term with a salary The second of the two cases,
administration, appointments sufficiently generous to make a which I will speak about in some
and funding are entirely in the second term attractive. The depth, relates to my constituent
hands of the advertising Ombudsman Association Dr Alyssa Burns-Hill, PhD, MSc,
industry. There is no external requires that remuneration and fellow of the Royal Society for
input at all, save for the very employment should not be Public Health and member of
tiny consumer input, the capable of being adversely the Institute of Health
Advertising Advisory affected by those who are the Promotion and Education. Dr
Committee, which gives advice subject of regulation, that it Burns-Hill first came to see me
only to the Broadcasting should be accountable to an on 13 November 2015 and
Committee of Advertising outside body, and should act explained that in November
18
 Baroness Deech John Glen MP
2012 the ASA had upheld one complaint made against
her. The first part of the complaint was that she was
making misleading claims about saliva testing being
able to detect hormone levels. My constituent believes
that the study submitted as evidence was cited
inappropriately in the ruling, demonstrating a lack of
deep expertise in interpreting health-related data. The
second part of the complaint was that she was being
misleading in using the academic title Dr, as while she
had a PhD, she was not a medical doctor.
Following the ruling, Dr Burns-Hill was told in an email
from the ASA to change her website, business cards and
publications to say only her name followed by PhD and
then the phrase doctorate in healthcare, followed by
the rest of her post-nominals, including her MSc and
professional memberships. Dr Burns-Hill refused to
comply as she felt it conveyed that she was the holder of
two doctorates, a PhD and a doctorate in health. After
being rebuffed by Lord Smith of Finsbury and Guy Parker,
managing director of the ASA, she went through the
extended process of an independent review at her
request, while the original judgment was still published
on the ASA website. After the independent review, the
ASA partly admitted its mistake but still insisted that she
had to qualify that she was not a medical doctor next to
any listing of her qualifications. She had already made it
absolutely explicit on her websites About page that
she was not a medical doctor as well as issuing
substantial information on her qualifications and work
practice, as was acknowledged in the ruling. Yet Dr
Burns-Hill is held up by the ASA as a misleading
advertiser, and is even referenced in the CAP advice and
guidance.'
Click on the photos for Hansard online to view transcripts
Edward Vaizey MP
The Minister for Culture and the
Digital Economy, Edward Vaizey,
made the following comments in
response to John Glens Adjournment
Debate on Alyssa's behalf in May
2016:
...I hope that the ASA will...take on
practical suggestions as to how it can
improve its process...;
...I hope that it will sit down...to talk
through how it can increase
transparency in order to embed
greater trust...; [as per ASA
undertaking to the Ombudsman
Association and its membership
thereof]
...my strong advice to the ASA is that...
it should listen well...;
...as you can imagine, Mr Speaker, we
therefore take the concerns raised by
Hon. Members in tonights debate very
seriously indeed...;
...I hope that the ASA will take their
points on board...and reflect on
whether it can take forward some of
the judiciously put critiques of how it
has worked...
We understand that these statements
could be interpreted as ministerial
challenges to the ASA. Yet as no one
oversees or audits this organisation
that is referred to as the Established
Means, what does this mean?
Anything or nothing?
19
 Lord Palmer of Childs Hill

The noble Lord, Lord Lipsey, talked about the Advertising Standards Authority beingI think the
words he used werethe jewel in the crown. In the few words that I am going to contribute to
the debate, I want to say that there is an essential flaw in the jewel, and that flaw is not
something that the Government should ignore. However, I shall start with the theme enumerated
by the noble Baroness, Lady Deech; that is, the rulings of the Advertising Standards Authority.
Despite the comments of the noble Lord, Lord Lipsey, I believe that many of them show a failure
of self-regulation. They reflect inadequate reasoning for decisions which seem to change.

The ASA ruling on MAC Cosmetics was essentially on posters featuring pictures of an actress
with pictures of her clothed lower bodyspecifically, pictures of her clothed crotch. When
asked, the ASA said that they were not offensive. Whereas a Ryanair advertthe noble Baroness,
Lady Deech, mentioned Ryanair, but this is a different advert; obviously the company is pushing
the boundariesshowed a model dressed in a short skirt posing in a schoolroom. It was banned
for being provocative. Personally, I cannot see how these are consistent decisions unless the
judgments of the Advertising Standards Authority are dependent on whether they are turned on
by an adult model or by someone posing as a schoolgirl. This is the point raised by earlier
speakers: it really depends on which group of people in the ASA is making the decision. There is
a great inconsistency.

Then there was confusion regarding a television advert for safe cycling in Scotland. Was it
harmful and irresponsible to show a cyclist without a helmet and safety attire cycling down the
middle of a road? At first the complaint was upheld, but five months later the adjudication was
replaced, making the complaint not upheld. The advert was apparently now not socially
irresponsible. I maintain that at times confusion seems to reign in the ASA.

Baroness King of Bow

Does the Minister agree that one of the problems here is that the ASA is called the Advertising
Standards Authority, when it is not in fact a statutory body at all. As we have heard, the ASA is a
body funded by the advertising industry, which rules on complaints against the advertising
industry. I am a great fan of the noble Lord, Lord Smith, but surely not even he can change the
fact that self-regulation rarely works. Does not its lack of statutory independence fatally
undermine whatever credibility the ASA may have?
20
 Lord Stevenson of Balmacara

First, can we be absolutely certain that the current arrangements satisfy the EU directive in its
full sense? Enough has been said to raise a question for me about whether their particularity is
sufficient to do it. I am particularly struck by the points made about access to the courts should
there be a problem in resolving disputes. Of course there is an independent adjudicator and
judicial review, but I do not think that that is what the EU directive meant. I would be grateful if
the Minister could respond on that point.

Secondly, it is not at all clear to me that the consumer interest is as well represented as has been
argued in some of the discussions that should be taking place around the ASA. We in this
Chamber have tried in a number of debates to find ways of improving the engagement of
consumers on, for example, the FCA and the CMA. There is no perfect model, but the existing
model, as far as it has been explained to us, is not the right one.

Holly Lynch - Labour

I, too, met the ASA in relation to a case raised in my constituency. Does the hon. Gentleman
agree that there are inconsistencies regarding transparency in the ASA? One of the challenges is
that where complaints have been made but not upheld, parts of the investigation are still
published online, yet other evidence is not published and is withheld from the public.

Jim Shannon - DUP

I thank the hon. Gentleman for raising what is clearly an important personal issue in his
constituency. Many of us have had cause to have dealings with the ASA, and, all too often, have
seen it go far beyond the reach intended for it. No doubt it does good work in rooting out
misleading advertisers, but are there not occasions on which it goes too far? I hope that the
Minister will assure us tonight that it possible to achieve a balance between credibility and
responding to constituents concerns. If we can achieve that balance, we can do better.
21
 WHAT DO THE PEOPLE

Many natural health providers have been challenged and bullied by the ASA. Most succumb to the
ASAs demands either informally or following adjudications that are unsuccessfully defended in
what effectively constitutes an invisible kangaroo court. They generally go away to lick their
wounds and some face serious and unjustified damage to their reputation or business. Alyssa has
spoken out because she knows something is very wrong with this so-called independent regulator.
But she also speaks on behalf of hundreds of others who havent had the wherewithal to start a
campaign to help reform the ASA.

Dr Rob Verkerk PhD, Founder & Scientific Director, Alliance for Natural Health

Brilliant! Alyssa's short video hits the nail on the head and explains clearly
that the ASA is just a private organisation attempting to impose a restrictive
regime on natural health practitioners. Well done to Alyssa for putting this
together.

Martin Weightman, Director of Freedeom4Health

Dear Alyssa,

"Your experience very much parallels my own with them. I was naive
enough to take their concerns seriously. It was painful and damaging to
my name and reputation."

Leslie Kenton, International Health and Beauty Guru

"It is truly shocking to hear about intimidation and business restriction actions purportedly carried
out by the ASA upon complementary and natural health practitioners as outlined by Alyssa Burns
PhD in her video ASA the Truth. I applaud her campaign to reform advertising adjudication in the
UK and encourage practitioners to lend their support."

Dr Sandra Goodman, PhD, Editor and Publisher Positive Health PH Online

22
 ... on the Homeopathy Ruling
"We state that your [ASA] writing does not even begin to approach a professional standard. We
take great exception to your [ASA] untenable allegation that we researched this important subject
with the superficiality that you suggest, an implication that we consider defamatory. You [ASA]
accuse us of basing our conclusions largely on a reworking of one deeply flawed paper, the Shang
study. Yet this is the one paper on which you [ASA]appear to have based your own conclusions,
which are flatly contradicted by swathes of contrary evidence of which you [ASA] revealingly make
no mention. We find this bizarre."

Prof. Dr. med. Peter F Matthiessen and Dr Gudrun Bornhoft

23
 HAVE YOU BEEN TOTALLY
BEWILDERED BY THE ASA?
IN ALYSSA'S CASE - The complaint was that:

Alyssa referenced a UK Accredited Laboratory that she works with doing saliva testing as
well as providing explanatory academic papers, which can still be seen on her website.

24
 preferred

Why doesn't the ASA recognise the authority of the Care Quality Commission in these
matters?

Here's substantially more evidence about the validity of saliva testing, but the ASA seems
unwilling or unable to understand ... this is the lab that Alyssa works with ...

Dr David Zava PhD, Founder of ZRT Laboratory

We'd really like the ASA to tell us what it is that they don't understand because there are
thousands of lay people who use saliva testing in First World countries. It is accredited and
regulated in the UK and USA and other countries and used by medical and allied health
professionals in their clinics worldwide.

Why is ASA making a ruling about the validity of saliva testing?

25
 DO YOU HAVE A HEALTH-
RELATED DOCTORATE?
The ASA has cited and promoted Alyssa as their
precedent for making the ruling you can see opposite.

What we would like to know is what was wrong with

Alyssa's About page on her website before all this
happened? She was already saying, "For absolute
clarity I am not a medical doctor" after outlining her
qualifications. The ASA has not been forthcoming
about what it found misleading about this.

Here is a link to WayBackMachine so that you can see

a snapshot of Alyssa's About page on 26 April 2012
before the ASA contacted her in May 2012.

WHAT WAS MISLEADING ABOUT THIS ASA?

We challenge you to be legal, decent, honest and

truthful.

The complaint was that:

The ASA CAP Code at this time was as forwarded by ASA in their original correspondence:

CAP believes that it is likely to be acceptable for advertisers who possess a relevant PhD or relevant
doctorate (of sufficient length and intensity) to call themselves Dr although marketers should
note that that position has not been tested by the ASA.

Marketers should use the suffix PhD to clarify that that is the type of qualification they are
referring to. For example, we believe that it would be acceptable for a hypnotherapist with a PhD in
Psychology to call himself Dr John Smith PhD ... Hypnotherapist, because the PhD is relevant to
the practice of hypnotherapy. It is likely to be acceptable for advertisers who hold a PhD in a non-
relevant subject to use the PhD suffix if they do not use the prefix Dr.

However, following the ASA investigation, their letter of 6 September 2012 demanded the
following:

The adjudication requires you to remove the title of Dr, which, when taken
in context of your entire website, could mislead visitors to the site as to your
qualifications. A suggested replacement could be Alyssa Burns-Hill PhD,
doctorate in... or similar.

So Alyssa asks ...

26
 The way in which I was advised to advertise my qualifications by ASA and CAP is
lying as I do not have two doctorates.

When I brought this to the attention of the ASA, as they had clearly NOT taken
expert advice in this regard, they changed their mind to just prohibiting the use
of Dr.

Why is the ASA meddling with the use of title Dr - a globally

recognised academic title?

Why is the ASA meddling with post-nominals of professional bodies?

27
 They acknowledge below that, I note that your website provides information as to
each of your qualifications in any event. thereby, in Alyssa's opinion, contradicting
their own reasoning for their adjudication in their letter of 6 September.

Trading Standards have declared no interest in this ruling. "It is nothing to do with Camden
Trading Standards", said Martin Harland, Camden's Chief Trading Standards Officer.

Finally, the ASA's advertised Experts:

Dr Joanne Fallowfield
Dr Stephen Peake
Dr Robin Dover
Dr Jack Ferguson
Dr Chris Gummer (probably, a PhD, but it's hard to tell)

all have PhDs and the ASA advertises them in a medical context.

Why doesn't the ASA have to follow its own CAP Code?

What do you think?

28
 ALYSSA AND THE ASA 'LEGAL BACKSTOP' -
TRADING STANDARDS

On the basis of the two ASA adjudications that you have just read about ... Alyssa
was referred to the ASA legal backstop, Trading Standards - a statutory body.

In 2017 Alyssa has been -

- put under caution (read her legal rights like a criminal)'

- had to employ legal counsel as a result'

- endured a threat to raid her home to confiscate her computer, records and
phone'

- endured a threat to have her arrested.

Why?
How is this happening in the UK?

When Karen Ford, Trading Standards Officer issued the letter reading Alyssa her rights Camden
Trading Standards was taking the legal position that there was more than "vague or
unsubstantiated evidence" against Alyssa because there is NO REQUIREMENT to interview a
person under caution.

Alyssa's solicitor said: "Trading Standards officers are guided by the Regulators' Code and S 2.2
of the code states that '... regulators should clearly expain what the non-compliant item or
activity is, the advice being given, actions required or decisions taken, and the reasons for these.
Regulators should provide an opportunity for dialogue in relation to the advice, requirements or
decisions with a view to ensuring they are acting in a way that is proportionate and consistent'.
Could you please advise us why our client is being invited for a Police & Criminal Enforcement
interview without any meaningful dialogue taking place and without any explanation regarding
the non-compliant activities and the reasons being given."

29
 DOES ASA OBSERVE OUR HUMAN
RIGHTS?
Is the ASA CAP Code about use of the title Dr a breach of the European
Convention of Human Rights, specifically Article 14, which says you have a right
to protection against discrimination on many grounds.

Guy Parker has said that ASA name will come down off the
'... processes and decisions are website after 5 years.
subject to judicial review and
have repeatedly stood up to Is the ASA ignoring the human
legal challenge over the last 30 rights of a section of the
years'. However, in 2011 the academic community?
Church took the ASA to court
over an Adjudication. A High Should people with health-
Court judge overturned the related PhDs and Doctorates be
ASA's ruling, citing that the discriminated against by having
ruling was in breach of Article to say that they are not a
10 of the European medical doctor every time they
Convention on Human Rights. call themselves Dr on their
This High Court ruling was business cards, signage,
achieved because the church's website and brochures, when
pockets were deep enough to their engineering and classics
withstand the 200,000 it cohorts can continue to use the
would have cost if it had lost title without clarification? Isn't
the case. this discrimination? I already
had on my About page my
The ASA has published my qualifications and a statement
name for the last 5 years. I am saying: For Absolute Clarity I
a person; someone trying to am Not a Medical Doctor. How wording was valid, but the
earn a living with a personal is this being misleading ? ASA still persecutes this
and professional reputation. I Explain yourselves ASA. company.
have had a very successful
practice helping many people Does ASA provide a process that I have put in a complaint to
over the years, working observes 'Your Right to a Fair the Equality & Human Rights
mainly be reputation, not Trial'. Commission. We'll see!
advertising. The ASA has
damaged a human being. I am As someone who has been
not a corporate entity that can through it - I don't believe they Is this re-publication of a
shape shift or morph into a do, neither does Dr Rob Verkerk, ruling that went to Court and
new brand and put the past or Ladycare who obtained a
found in favour of Ladycare
behind me, as Guy Parker is Court Order to show that their
suggesting I do now as my
contempt of court?

30
 Citizens Advice on Human Rights

Donating = Gratitude
If you like what we are doing here to help others please would you consider
making a donation to our Crowd Fund.

The ASA has processes that leave the 'defendant' feeling abused and unheard.
It's truly crippling - Alyssa heard from a man who had a heart attack following his
'Adjudication'. This kind of negative stress is caused by an unfair process and is
actually a form of torture.

We have started a crowd fund to raise more awareness of ASA activities and even to
take the ASA to court. If you feel you could donate it would mean a great deal to
the huge amount of time and effort we are putting in here to try to make things right
for the greater good. Thank you so much.

I would like to donate ...

2.50 - equivalent of a cup of coffee

5.00 - equivalent of a cup of coffee & a Danish

10.00 - equivalent of a pizza or 'takeaway'

or MORE! Thank you, again.

31
 If this were legal, decent, honest and truthful it would say:

The Advertising Standards Authority Ltd is an independent privately-funded company that has
made itself solely responsible for deciding if its self-composed, self-administered and self-
published Advertising Codes have been breached. The members of the Board consider a draft
recommendation put together by its administrational staff who may not have suitable or
relevant qualifications in the area of complaint and probably will not employ the services of a
suitably qualified expert to consult with - but the Board can come to its own decisions. The
Board receives recommendations and makes decisions on a weekly basis. As soon as the
Board has reached its decision, we send it, under embargo to the parties concerned to create
additional pressure upon you. At this point you will be advised of a publication date despite
the fact that the information you sent may have been misinterpreted, misunderstood or even
ignored. You have no right to stop publication of this decision despite its potential unfairness
or inaccuracies, not even if you want to take this to the ASAs independent reviewer. Whilst
your case is reviewed your adjudication is published and promoted by the Advertising
Standards Authority Ltd. This is in spite of the fact that if the review process is truly
independent and it actually found in your favour, the Advertising Standards Authority Ltd
would be promoting a decision that was subsequently found to be inaccurate or unsafe and
thereby leaving themselves open to legal action.

On 29 September 2017 Guy Parker wrote to Alyssa saying:

'Earlier this year we commissioned Dame Janet Paraskeva to conduct an independent audit of
our Commitment to Good Regulation, which is based on the Regulators Code. Dame Janets
report found that the ASA is a successful regulator, which is fit for purpose. '

Alyssa responded to Guy Parker as follows:

'So; it is all very well you saying that you commissioned an audit and I am not casting aspersions
on the honourable lady, but why does the Government not commission an audit and demonstrate a
level of oversight? Did the honourable lady see you warts and all or did she just get your sunny
side?'

A response from Dame Janet to Alyssa implies that she knows about the
'issues', but, '... My role was simply to undertake an audit of ASA's
ive

commitment to good regulation ... I am not able to enter further into

t arch

correspondence on these matters.' Is a COMMITMENT to good regulation

the same as DEMONSTRATION of good regulation?
o: lgb
phot

32
 THE ROAD AHEAD?
When it comes to matters of health and social care the ASA Ltd is not an organisation that can
demonstrate solid abilities to understand the evidence; even to the extent that it is clearly
unable to support its own declarations and adjudications.

The GRCCT is lobbying the Government to be able to work with the National Trading Standards
Board (NTSB) or its delegated local Trading Standards partner (a contract awarded by NTSB that
is currently held by Camden Trading Standards) to provide effective backup for CAM-related
complaints. As a compliance partner, the GRCCT can provide access to a substantial body of
knowledge and understanding of the different CAM disciplines. Bear in mind that the properly
trained and regulated practitioners that the GRCCT represents are very motivated to make sure
that quality information is available to people seeking to support their health and well-being.

Why is this necessary?

This magazine is aiming to demonstrate in clear and certain terms that the relationship
between the ASA Ltd and CAM professions has reached 'an all-time low' (in the words of the
Alliance for Natural Health). The basis of the problems revolve around a flawed and unfair
adjudication process that fails to properly take account of representations made and evidence
provided in ways that fully comply with our Human Rights and the principles of Natural
Justice.

"The UK Advertising Standards Authority has shown bias and disregard for evidence when
investigating the advertising of complementary, holistic and integrative medicine. It acts as
prosecutor, judge and jury in one ... and publishes highly questionable 'adjudications'."
Freedom4Health

Barry Tanner, Senior Project Manager at the GRCCT says, "The Competition and Markets
Authority (CMA) guidance document CMA58 (17.08.16) states:

"UK and EU consumer legislation encourages, and at certain points requires, cooperation
between bodies exercising consumer functions to ensure the most appropriate mechanism is
used to achieve compliance, including potential alternatives to enforcement action."

The CMA therefore seeks to refer a matter to the compliance partner best placed to resolve the
problem. When making this assessment, the CMA satisfies itself that the chosen partner has an
effective way of bring about the control of unfair commercial practices. The primary aim is to
gain compliance in the most cost effective and least burdensome way that
maximises the reach of consumer law. In deciding how to proceed, the CMA
takes account of all relevant circumstances, and will not rely on established
means, where it considers this to be inappropriate."

The time has come to take the CMA at its word and the GRCCT proposes
that it can assist the CMA. Lord Currie is the new Chair of the ASA and is
Chair of CMA and he is reputed to have compared regulators to drains,
If you notice them, then there is a problem. The ASA has been and, is
being, noticed! Barry Tanner
33
Please pop Alyssa a message to let her know if you would be interested to see her new
interactive magazine!

- there will be case histories, hints and tips of how to be more naturally hormone healthy:
menopause, stress, depression, anxiety, weight management, PMS, fertility thyroid, many areas
that will make sense to you!

WHAT'S YOUR VIEW?

- help us by doing an anonymous 10 second survey