Law and Magic Blog

Ofcom, Advertising Standards Authority Rule on Venus TV Ads On Astrology, Weight Loss, Face Cream

Ofcom, the UK regulatory authority responsible for broadcast media, has sanctioned a channel available on SKY TV for some ads promoting astrology, weight loss, and a face cream. Venus TV found itself in trouble, first with the Advertising Standards Authority beginning last year, which regulates some advertising and takes care of some broadcast tv ads for Ofcom (since 2004), and now with Ofcom, for ads for Golden Bull Kastoori Capsules, Jorge Hane Weight Loss, Pandith Astrology, Pundit Maharaj astrology, and Roopamrit face cream.

The ASA investigated the health-related claims made by Healtheeze, the makers of Golden Bull Kastoori Capsules. "The ASA noted the ad stated "We make no Medical Claim". However, we also noted the ad referred to medical conditions, in particular, depression, impotency and childlessness and claimed that Golden Bull might help viewers with such conditions.  We were concerned that the ad claimed the product could help with impotency, an adverse medical condition, and considered it could discourage viewers from seeking help from suitably qualified medical professionals.  We were also concerned that by stating "For the health of your family - Golden Bull Kastoori Capsules", the ad implied the supplement could enhance normal, good physical condition.  We concluded that the ad was in breach of the Code." Read the entire ruling here.

It investigated the claims made by the Jorge Hane Weight Loss ad and complaints by viewers. "Venus TV withdrew the infomercial and said their compliance officer had thoroughly checked it before broadcast.  Venus TV maintained that the Jorge Hane Weight Loss Programme was a diet and exercise programme coupled with an all-natural dietary supplement that was "supposed to work".  They submitted evidence from some clinical trials....The ASA welcomed Venus TVs assurance that the infomercial had been withdrawn.  We considered that the evidence was inadequate to substantiate the claims, including the claim in the products name Fat Fast" and that it was the only weight loss product with proof that it worked.  We considered that referring to clinical studies implied that the product had been properly evaluated in a placebo-controlled trial.  Because we had seen no evidence of such a trial, we considered that the claims were misleading.  We noted Venus TV had not obtained suitably qualified medical advice on the safety and efficacy of the product as required by rule 8.4.2."

ASA also investigated complaints about the ads for Pandith astrology and Pundit Maharaj astrology. In regard to Pandith astrology, it said: "An ad on Venus TV said and stated "meet world famous astrologer and palm reader from generations. Pandith is an expert in astrology.  He can tell you about marriage, employment, family, spousal conflict, social business, financial problems, citizenship, health, wealth and exam studies. Combines the power of palmistry, clairvoyance, astrology and face-reading to give you a more complete reading.  Please contact Sri Guru Poojya Vijay Sharmaji ...".  On-screen text stated ... Pandith is an Expert in Astrology with 99% Accurate Results in Palmistry and also Prediction of Horoscope ... Born Gifted with Spiritual Powers let him help you to Solve your Problems with his Expert knowledge Yantrik & Mantric" over background graphics of the solar system and tarot cards....Venus TV withdrew the ad as soon as the challenges were brought to their attention. They explained that the person normally in charge of compliance had been unable to carry out the routine advertising checks.  Venus TV acknowledged that someone else should have been carrying out the compliance checks in the meantime.  Venus TV explained that the ad had aired in error before they received the clearance documents from the client.  Venus TV added that the ad would not be shown until they had received them....The ASA welcomed Venus TVs assurance that the ad had been withdrawn.  The CAP (Broadcast) TV Advertising Standards Code prohibits advertising for products or services within the recognized character of the occult.  Note 4 of section 10.3 The occult, psychic practices and exorcism explains that that includes personal astrology readings and palmistry.  We considered that the ad promoted a palm readers services.  We concluded that the ad was for an unacceptable category....The Code also prohibits (with certain exceptions) commercial services offering advice on personal or consumer problems.  We considered that the services referred to in the claim He can tell you about marriage, employment, family, spousal conflict, social business, financial problems, citizenship, health, wealth & exam studies" fell within that prohibition.  We concluded that the ad was for an unacceptable category....We noted Venus TV had submitted no evidence to substantiate the claim.  We considered that the claim was misleading." Read the entire ruling on Pandith astrology here.

With regard to the Pundit Maharaj astrology ad, the ASA found that, "Hindi and English versions of an ad for Pundit Maharaj aired on Venus TV.  The voice-over said "Pundit Maharaj established since 1952 in England.  Numerous successful clients all over the world. For more information please call 07974 XXXXX or log on to www.punditjimaharaj.com."  The ad featured a graphic of a palm and, in the top right of the screen, a circling wheel of zodiac signs....Venus TV withdrew the ad as soon as the challenge was brought to their attention. They explained that the person normally in charge of compliance had been unable to carry out the routine advertising checks.  Venus TV acknowledged that someone else should have been carrying out the compliance checks in the meantime.  Venus TV explained that the advertiser had assured them that the ad had been approved and was being shown on other channels.  Venus TV added that they had requested a clearance certificate for the ad and that they would not show the ad again until they had it....The ASA welcomed Venus TVs assurance that the ad had been withdrawn. We reminded Venus TV that the responsibility for advertising content lay with the broadcaster and it was not acceptable to rely on other broadcasters clearances. We noted the website that was featured in the ad stated Everyday you read in the papers about the different SPIRITUAL HEALERS and ASTROLOGERS and of their AUTHENTICITY and POWERS ... PUNDIT JEE is the only SPIRITUAL HEALER who can prove by DOCUMENTARY EVIDENCE that his FAMILY i.e., FATHER and he have been ESTABLISHED in ENGLAND since 1952. NO other PSYCHIC can prove their EXISTENCE and AUTHENTICITY with DOCUMENTARY EVIDENCE. This PROVES that PUNDIT JEE is the only SUCCESSFUL SPIRITUAL HEALER who has helped PEOPLE from all walks of life and can prove this by LETTERS from SATISFIED CLIENTELE who have had their PROBLEMS solved with a 100% GUARANTEE." "If you have a problem that has not been solved by any GURU or SPIRITUAL HEALER PUNDIT JEE invites you to contact him as a LAST RESORT and I PROMISE that all your PROBLEMS will be finished FOREVER and you will be one of the MILLIONS of DEVOTEES of PUNDIT MAHARAJ who are leading SUCCESSFUL and CONFIDENT lives and come EVERY YEAR from all over the WORLD to pay their RESPECTS and touch PUNDIT JEE'S feet. Because ads for the occult and psychic practices were prohibited by rule 10.3, we considered that the ad indirectly promoted an unacceptable product. The ad breached CAP (Broadcast) TV Advertising Standards Code rule 3.2. (Indirect promotion)." Read the entire ruling here. 

Finally, with regard to the face cream, ASA found, "A 15-minute, direct response TV ad in Hindi for Roopamrit, a face cream, aired on Venus TV. Bhagyashree, an actress, stated that the product contained herbs and roots "that shall prove to be like nectar in making your complexion fair and glowing. Jaiphal and Sarso detoxifies your skin and gets rid of your acne and pimples. Almonds and walnuts helps in clearing the dead cells off your skin and rejuvenating it, hence reducing wrinkles. Mulethi and Aloe Vera reduces dark circles under your eyes.  Kesar and Chandan enhances your skin and make it fair and glowing.  If you want to get rid of acne and pimples, dark circles under your eyes, reduce the wrinkles to look young and your age, if you want to get rid of your dark complexion and be fairer then start using Roopamrit." The infomercial provided several testimonials. The ASA went on, "Venus TV withdrew the infomercial as soon as it was brought to their attention.   They explained that the person normally in charge of compliance had been unable to carry out the routine advertising checks.  Venus TV acknowledged that someone else should have been carrying out the compliance checks in the meantime.  Venus TV explained that Roopamrit was being advertised on other channels and that they had been assured that some documents would be submitted by the advertiser to substantiate the claims.  Venus TV added that they had requested a clearance certificate for Roopamrit.  They explained that they usually requested a clearance certificate or documentary evidence to substantiate claims....The ASA welcomed Venus TVs assurance that the infomercial had been withdrawn.  We reminded Venus TV that the responsibility for advertising content lay with the broadcaster and it was not acceptable to rely on other broadcasters clearances.  We understood from the Medicines and Healthcare products Regulatory Authority (MHRA) that acne was an adverse medical condition and that they would regard a claim to treat it as a medicinal claim.  We understood that Roopamrit did not have a marketing authorisation. We noted that the only evidence Venus TV submitted was the same study the ASA had evaluated in July.  Then we had considered that the evidence was insufficient to support the claims.  We considered that the claims were misleading. The infomercial breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.2 (Implications), 5.4.4 (Testimonials) and 8.2.3 (Products without a marketing authorisation)....We considered that the appearance of the doctors had given the impression of professional support and recommendation for the product.  We were concerned that this was the second time Venus TV had breached this rule for the same reason. The infomercial breached CAP (Broadcast) TV Advertising Standards Code rule 8.1.2 (a) (Impressions of professional advice and support)....We were concerned that Venus TV had so seriously failed in its compliance procedures.  This was despite a reminder from the monitoring team in April to keep up to date with ASA adjudications.  We were concerned that Venus TV seemed to rely on whether the ad had aired on other channels for its acceptability." Read the entire ruling here.  

Even though the ASA handed down these adjudications in 2007, it requested Ofcom, its sister agency, to consider the "serious and repeated nature of the breaches" that Venus TV had committed by airing ads that ASA concluded were misleading. Consider that the ASA had consulted with Venus TV before it handed down sanctions over the ads, and had warned the channel that relying on others to vet the ads was unacceptable, since responsibility for the content lies with the broadcaster. The type of products advertised include "miracle cures" (the lightening of skin color, for example) and occult practices (rule 10.3). Read Ofcom's ruling on the Venus TV ads here. 

 

 

In an Increasingly Irrational Time, the Turn Toward Psychics

The New York Times reports on the turn toward psychics in a time in which professional advice givers seem to have so little to tell us.

In an era when even Henry M. Paulson Jr., the Treasury secretary, changes his mind weekly about how to rescue the United States economy, Mr. Taccetta’s decision to seek the advice of a psychic may not seem all that irrational. With Washington flinging pieces of the $700 billion bailout package around, dithering about whom to rescue — homeowners? automakers? cousin Fred? — a good set of tarot cards might come in handy.

“Your mortgage agents, your realtors, your bankers, you can’t go to these people anymore,” said Tori Hartman, a psychic in Los Angeles. “They’re just reading a script — at least that’s how my clients feel. People are sensing that the traditional avenues have not worked, that all of a sudden this so-called security that they’ve built up isn’t there anymore. They come to a psychic for a different perspective.”

 

 

Bhutan's Astrologers Pick Right Day For Royal Coronation

The Kingdom of Bhutan, assisted by royal astrologers, has chosen today, November 6th, as an auspicious day for the coronation of its King, the 28-year-old unmarried Jigme Khesar Namgyel Wangchuck, educated at Oxford, who becomes a constitutional monarch after reforms instituted during the reign of his father, who abdicated two years ago, having decided he had governed long enough.  Here's more from NPR.

Astrology and Careers

Rachel Zupek at Careerbuilder.com offers this overview of astrology and careers. Here's part of what she writes.

What's written in the stars?

Scorpio, Leo, Taurus and Cancer signs were the most likely to earn $100,000 or more per year while Aquarius and Capricorn signs were most likely to earn $35,000 or less, according to the survey, which included more than 8,700 workers and was conducted nationwide across industries.

Pisces, Sagittarius and Capricorn were the most satisfied with their current jobs, and Gemini and Cancer reported being the least satisfied.

There's more in the article, if you're inclined to read it. I'm not sure it says much. For example, Aquarians are described as "Independent, humane, innovative, unconventional and visionary," and they should do well as astronomers, photographers, and in the aviation and computer technology fields. Maybe so, but consider the next "sign", which is Pisces. What describes a Piscean? Empathy, unselfishness, spirituality. Sounds like someone who's humane and visionary to me. Could also be someone who is unconventional. A Pisces should do well in social work and personal care and guess what--IT (isn't that like computer technology?)

Let's look at another "sign": Taurus. Say the astrologers, someone born under this sign is "reliable, practical and honest...Taureans are methodical and work well in teams." Look at the careers suggested for these people--"artistic or extravagant things. Compatible professions include jobs in finance, accounting and interior design. Nursing, engineering, law, marketing, public relations and higher education also fit the bill for jobs attuned to Taureans..."  Yes, but there are big differences in the skills required between nursing and law as careers, and people who are good at p.r. might not necessarily shine in engineering. I know plenty of good teachers who aren't necessarily "team players." That's not a slam. That's a recognition of personal style.

People who believe in astrology cannot change their "birth signs." Suppose someone reads this story, takes it seriously and decides to change her career, sinking money into training or schooling for a new profession for which she is really not suited. What then? What if she believes the failure is somehow her fault, that she didn't try hard enough, because otherwise the stars tell her that she SHOULD succeed? What, seriously, is the use of this story in the career section of CNN's website?

Feng Shui This

The town of St. Johnsbury, Vermont has repealed its 40 year old ordinance against the practice of fortune-telling. What a relief, as AP reporter Lisa Rathke notes, for those who offer services in predicting the future, clairvoyance, tarot card reading and other mystic arts, as well as for those whose practices the ordinance might also seem to fit. As one local psychotherapist pointed out, she was afraid the ordinance might have been applied to her because she practices the art of feng shui. Here's the text of the repealed ordinance.

It shall be unlawful for any person to carry on the business or occupation of clairvoyant, fortuneteller, palmist or phrenologist within the town or for pay to tell or pretend to tell fortunes or reveal or attempt to reveal future events in the life of another or by means of occult or psychic powers, faculties or forces, clairvoyance, psychometry, spirit-mediumship, prophecy, astrology, palmistry, necromancy, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature; to undertake or pretend to find or restore lost or stolen money or property, gold or silver or other ore or metal or natural product; or to undertake or pretend to unite, or reunite or to find lovers, husbands, wives, lost relatives or friends.

Feng shui might have fit in the "oriental mysteries or magic of any kind or nature" part of the ordinance, I presume. In St. Johnsbury apparently telling fortunes for free was all right ("or for  pay"), although it's difficult to tell--one might read the first sentence as meaning that if someone claiming to be a clairvoyant did something for free he or she was in trouble (since he or she was carrying on the business or occupation of being a clairvoyant) and if one took money for doing things that clairvoyants normally did one was also contravening the law.  But no matter. As Mike Welch, St. Johnsbury's apparently beleaguered Town Manager, has pointed out, the law "was never enforced." Still, I understand why folks engaged in practices that might be interpreted as coming under such a vague law would want that law off the books. Consider that if "uniting ...lovers" is banned by this ordinance it might include matchmaking services, although I doubt that that's the intent of the ordinance. Similarly, the ordinance might be stretched to ban the local newspaper's daily horoscope section or a Chinese restaurant's fortune cookie inserts--again, PNTIOTO (probably not the intent of the ordinance). If a district attorney were to bring such a case to court, what would a judge do with it? Dismiss it by saying, "That's not what the drafters meant?" In a U.S. in which we are constantly hearing complaints that judges "create" law rather than hew to the letter of the law, I would suggest that here is a very good example in which folks should think about what judges do (interpret law), what legislators do (draft, argue over, and pass laws) and what lawyers do (take up the causes of these "unintended consequences" clients). These cases can be expensive, precisely because judges won't just dismiss them. Both sides will prepare; both sides will brief their cases, with all sorts of constitutional and statutory precedents. This preparation will take time and money, perhaps the client's money, certainly the taxpayers'.  These cases can be long and involved; they are no joke for either side.

Lack of enforcement is not an adequate measure of safety for those who might face prosecution under it. It's still around, and to expect citizens to trust in the benign neglect of Government is, I think, too great an expectation. The reason for the ordinance? The Town Attorney divined "concerns" about such practices. And that local psychotherapist, who led the charge for the repeal, senses that people were "afraid". About that, she's probably right. Is St. Johnsbury without recourse against the fraud and deception that this ordinance was undoubtedly intended to attack when it was passed in 1966? Of course not. People who think they've been defrauded can still go to the police or the city (Town) attorney or state law enforcement and pursue their cause under criminal or civil statutes or bring a private action.

Read more here.

[Thanks to Miriam Cherry for the tip].

The Continuing Popularity of Astrology

Speaking of astrology, Carroll Righter was an attorney who became convinced that astrology had merit and decided to pursue practicing astrology fulltime. I came across this article from Time magazine dated 1969 discussing the then burgeoning interest in the field. Little seems to have changed, at least with regard to astrology's adherents. People still read their horoscopes and buy books about the field. And don't we love our fortune cookie inserts! If I didn't get mine, I'd think my cookie was defective. And as we've already noted, the PRC government's choice of date for the Beijing Olympics was guided at least in part by astrology.

Olympics, the Stars, and Olympic Stars

Does your "star sign" really have that much effect on your athletic ability? Or is this just accident? Well, according to British statistician Kenneth Mitchell, more Olympic swimmers and water polo-ists are born under the sign of Pisces than under other astrological signs. I just can't fathom it. Here's the link to his work. I'm no good at statistics, so someone else will have to "check his numbers" and see if he's correct. But I don't quite understand his logic. He lumps the swimmers and water polo players together, but then apparently plops those who swim the butterfly and medley under Taurus because the activity seems more like what he's identified with what "Taurans" do. He also excludes sychronized swimming from Pisces because it's not "like" swimming. I don't understand. Either the swimmers belong together or they don't.

Mr. Mitchell does this with each sign, identifies what sports the sign is most "like" and then looks for correlations.

For example, here's what he says about Aries.

Aries is ruled by the planet Mars.

Aries (sic) personality attributes are: Self-confidence; Courage; Impatience; Enthusiasm; Initiative; Forceful; Irritable.

Aries are believed to have a strong, athletic, well-proportioned body.

 With these attributes, it is likely that they would be high on the medals list.

 The first thing I tested was the Mars link. Mars is the Roman god of war and the most prominent of the military gods that were worshipped by the Roman legions. It seemed reasonable to test the Olympic sports that I thought had a strong military link with the number of medals won by Aries athletes.

 I took Shooting as a start and, if I didn’t score a bull’s eye, then I at least got a triple 20 because I got a 1 in 60 level of significance. This went up to nearly 1 in 250 when I filtered out the Women only competitions.

OK, I admit it. I'm completely lost. I have no idea what any of the foregoing means, but frankly I find that most athletes are self-confident, courageous, enthusiastic, have initiative and are forceful, strong, athletic, and well-proportioned. Isn't he assuming that Aries types have these characteristics, rather than checking to see whether they do? And why filter out the women only competition?

But look, suppose you had a country whose culture or government accepted some kind of astrological belief as either scientifically or culturally valid. If that country were to select athletes at a young age with regard to their astrological signs, for example, and then direct them into particular sports, thinking they would be likely to do well in those particular sports, wouldn't it seem likely that you would have a disproportionate number of athletes from that country at least represented in that particular sign?  For example, if a government or its agents or even its citizens in general thought that Pisces and Aquarius born children, for example, were more likely to be good swimmers, and picked lot of children to be swimmers, certainly among those children some would be good swimmers. And the good swimmers among the Virgos wouldn't turn up. That would account for at least some of the correlation, wouldn't it? And it wouldn't have anything to do with the stars. It would have to do with selection by birth date. Just a thought--if one had such a country doing such a thing.

If there really is something odd about the distribution going on here, and that's a big if, I'd be happier looking for some other explanation(s) before settling on an astrological conclusion--that the answer, dear Brutus, is in the stars and not in ourselves.

Why Do People Want To Believe in "Real" Monsters and Alien Creatures?

MSNBC.com has this report on the desire to believe in the supernatural, particularly in supernatural scientific phenomena, by Robert Roy Britt. Why do we want to believe? Is it because science has such a huge hold on us, even though most of us have such a poor understanding of it? Check out the comments.

The Olympics and the Eclipse

Thousands in China viewed the "Olympics eclipse" in time for the upcoming Games, and some thought it was a bad omen. But some realized that the passing of the moon in front of the sun is a natural phenomenon, and that there's no need for anyone to sacrifice anything, except for a few minutes to gaze upward (with the proper protection) to acknowledge this very awesome spectacle. [I use the word "awesome" in the sense of "creating or inspiring awe" as in the feeling one has at seeing the Grand Canyon or looking at the night sky, not in as in the feeling one has in admiring someone's new car or new party dress. "Awesome" in the latter circumstance seems to me to be an incorrectly applied adjective.].

Notes this MSNBC.com story, "Despite the ruling Communist Party's emphasis on scientific thinking, China still has its superstitions. The date and time of the Olympics' opening ceremony on Aug. 8 are stuffed with as many eights as possible, because the word "eight" in Chinese sounds like "fortune." Adopting Friday's solar eclipse as a good sign meant stripping away the ancient superstition about it being the unluckiest event in the sky. When eclipses happened, emperors were blamed and had to apologize for angering the heavens. Being able to predict solar eclipses and show control over the skies became so political that some eclipse reports apparently were manipulated, said John B. Henderson, a history professor at Louisiana State University who has written about Chinese cosmology. "Eclipses were reported where none took place, in areas of political or bureaucratic strife," Henderson said. "It may have been a means of voicing dissent." So an official (legal) adoption of the solar eclipse as a good omen for the opening of the Games transforms it magically. Neat trick if you can get those inclined to believe such things to adopt your view. 

Here's more on the history of cosmology from the American Institute of Physics.

Congratulations to all Olympians!

The History of the Paranormal in France

I just purchased two interesting books by Nicole Edelman from Amazon France: Voyantes, guerisseuses et visionnaires en France 1785-1914 (Albin Michel) and Histoire de la voyance & du paranormal du XIIIIe siecle a nos jours (Seuil). The first translates roughly as Female Clairvoyants, Healers, and Seers in France from 1785-1914 and the second as History of Clairvoyance and of the Paranormal from the Eighteenth Century to the Present. Neither has been translated into English as far as I can tell. The content is unusual, at least for English-speaking readers, so maybe some publisher will be tempted.