I came across this complaint on the Complaints Resolution Panel website regarding an advertisement for LifeWave “magic” patches today.

(NB: I say magic because there is no known mechanism described in science to explain how these things apparently “work”, and I place work in inverted commas because these things have no effect above placebo, so technically they don’t work either).

A print advertisement and Australian website linking to the American version was found to breach the Advertising code sections 4(1)(b), 4(2)(a), 4(2)(c), 4(2)(d), 4(2)(i), 4(7), 5(2), 7(3) (see box below) following a complaint by an individual.

The website, classified as an advertisement by the regulatory body, promoted a range of LifeWave patches, namely the SP6 patch, Y-Age patch, Icewave patch, Energy Enhancer patch, and Silent Nights patch. For a description of the apparent functions of these patches (and an interesting exchange with a believer), you might be interested in reading my previous blog about Lifewave here.

table 1

This is an interesting case for consideration, since The Panel first had to decide who was responsible for the advertisements as the parent website (lifewave.com) is based in the US and the website which attracted the complaint is linked to it from Australia. They concluded that the website was in fact the responsibility of the Australian distributor, given that the url had been personalised (www.LifeWave.com/bodyinharmony).

Information on retailer websites is the responsibility of the website publisher

Publishers of websites should be aware that they are responsible for the material they publish, regardless of whether they have copied that material from product packaging or other websites. Some online retailers appear to be of the view that it is acceptable to duplicate information from such sources for the purposes of advertising products for sale, but take no responsibility for the publication of the information.
Reproduced from the Complaints Resolution Panel website.

The Panel found that the claims relating to the patches being effective in appetite control, craving control, weight loss, detoxification, antioxidant boost, anti-aging, skin repair, pain relief, relief of pain from injuries, relief of chronic pain, relief of migraines, relief of arthritis, enhancing energy, enhancing stamina, reducing fatigue, and promoting restful sleep, had not been verified, were misleading, and could not be substantiated by the advertiser, therefore constituted a breach of the code [Section 4(2)(a)].

In the report published on the website, the Panel stated that;

“…they were not satisfied that the material provided by the advertiser constituted even minimally persuasive evidence that the advertised products could have the therapeutic benefits claimed in the advertisements”.

In particular the Panel targeted testimonials published on the website. As part of the code, testimonials are required to be documented, not misleading and be regarded as plausible illustrations for the potential benefits of the product. The concluded that claims such as “wow 20 seconds my pain was gone” and “90 seconds lower back pain was gone”, were indeed not plausible and therefore breached the code (Section 4.7).

lifewave_mikephelps

The Panel did not accept photos like these as sufficient evidence that Michael Phelps uses Lifewave patches. Funny that.

The website also made claims that the patches were used by the swimmer Michael Phelps and several AFL football players, but the advertiser was unable to provide evidence for this, apart from the following statement;

“(they had) been told by LifeWave staff in Australia who hold training sessions that Michael Phelps has used the patches and that a few of the AFL teams have begun using the patches” and “there are photos on the internet that show Michael Phelps with the patches on his body.”

Then panel deemed this insufficient evidence and therefore concluded that these claims breached the code.

In Australia it is prohibited to advertise products that claim to treat or cure serious diseases/ailments, such as cardiovascular disease. The Panel deemed that the Lifewave website breached this section of the code [5(2)], by including “research” information which referred to “heart rate variability enhancement through nanotechnology” and many other references to heart rate variability, “increase[ing] glutathione levels in the body”, and other references to health issues.

In a meeting held on April 16, 2009, The Panel ruled that the advertiser was to withdraw the advertisements from further publication; and withdraw any representations that the advertised products are safe, or that they have benefits in relation to appetite control, craving control, weight loss, detoxification, antioxidant boost, anti-aging, skin repair, pain relief, relief of pain from injuries, relief of chronic pain, relief of migraines, relief of arthritis, enhancing energy, enhancing stamina, reducing fatigue, or promoting restful sleep.

The Advertiser was given 14 days to comply with this ruling and was instructed to provide evidence to The Panel of this compliance.

Which apparently the advertiser decided did not entirely suit them, since you can still find the website, in it’s shiny misleading, code breaching glory.

Which leads me to question; who is responsible for enforcing these rulings? How is it that these people get a slap on the wrist, ignore the ruling and carry on their merry way, selling products for which there is no evidence of efficacy? There should be a process whereby I can easily and quickly alert the TGA to the non-compliance and there should be substantial penalties for non-compliance.

Until there is, then the TGA Complaints Resolution Panel is about a effective as an ashtray on a motor bike = useless.

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Comments ( 26 )

Yes it is a bit pointless, if nothing happens. Maybe the Big Homeo has infiltrated their enforcement division :)

Sean the Blogonaut added these pithy words on Aug 03 09 at 9:26 pm

I have checked on the Internet and the website that was complained about http://www.LifeWave.com/bodyinharmony does not exist. So obviously the advertiser has complied and has removed the website.

David added these pithy words on Aug 09 09 at 11:04 am

Hey David, you’re right, I can no longer find it either! Interesting – the decision regarding the complaint was made months ago, so it had taken them a long time to remove it, but hey, it’s not there, so good for the TGA. I take back what I said about an ashtray on a motorbike.

Maggie added these pithy words on Aug 09 09 at 12:06 pm

What a shame Lifewave has to put up with all this: A Lifewave member has obviously got over excited regarding the product and ’someone’ has decided to ‘hit him’ and report to the TGA.
The patches are a wonderful product. They are FDA and TGA approved and labelled a Class One Medial Device, so dont have any apprehension in using them.

kris added these pithy words on Aug 11 09 at 6:48 pm

Hi Kris,

FYI

—-

Claims that a product is “TGA approved” are not permitted

18 August 2008

In complaint 2008-02-018, the Panel noted as follows:

Section 4(6)(b) of the Code prohibits representations that goods are endorsed by government bodies. While in one sense the words “Listed with the Therapeutic Goods Administration as a herbal medicine” may constitute an attempt to indicate compliance with the Act, they are likely to convey an implication that the goods so listed are approved by an Australian government agency to a degree that is not factually correct, particularly as regards the efficacy of the product. The complaint was therefore justified. However, for the advertiser’s benefit, the Panel noted that s.42DL(1)(e)(i) of the Act, whilst prohibiting “a reference to the Act”, does permit a statement to the effect that “Product X is listed in the ARTG, AUST L 123″. The Panel also noted that such a statement makes no reference to any government agency.

See http://www.tgacrp.com.au/index.cfm?pageID=21

Also you might be interested to read this;

http://skepticzone.wordpress.com/2009/03/14/miracle-patches-that-cure-everything-or-do-they/

Maggie added these pithy words on Aug 12 09 at 12:25 am

Just because an advertiser got over excited about the Lifewave products with his advertisement, does not mean that the patches are no good. The TGA is very strict as to the wording allowed in advertisements for health products. I have been using the Icewave Pain Relief Patch for 2 months now and my arthritis pain has really reduced a lot, and also the SP6 Appetite Control Patch is working great for me in helping to reduce my sugara cravings.

Jeanette added these pithy words on Sep 22 09 at 11:58 pm

My mother and sister used Y-age and they are really happy with effect they achieved . I not sure that this work 100% with all Lifewave products , but Y-Age and SP6 really work . If it will be placebo you never have such obvious results. Your skin treamendously improoving. Placebo not improove your skin.

Vaidas added these pithy words on Oct 23 09 at 8:28 pm

Oh dear, the alt-pharma shills are out in force :)

AndyD added these pithy words on Oct 28 09 at 7:33 pm

Have you ever investigated or used any of the lifewave patches?
or are you just find fault without proper evidence. It cuts both ways “don’t knock it until you try it” or your credibility is in question.

Nev. Buck added these pithy words on Nov 13 09 at 10:17 am

Hi Nev, I have in fact investigated Lifewave. You can read about it here
http://skepticzone.wordpress.com/2009/03/14/miracle-patches-that-cure-everything-or-do-they/

(This link is also in the first paragraph of this post).

I also have a packet of the glutathione patches.

Maggie added these pithy words on Nov 18 09 at 7:49 pm

Why all the negatives about a product that some people here ‘know nothing about – except what they have read’? Why is your subconscious ‘locked in’ with only the information that it has had stored away for your lifetime and ….. not open to new technologies. EG what do you think your grandparents would have said if someone had told them (when they were young) that soon people will be walking around with mobile phones and sending text messages! Skeptics have closed minds, (especially when all they do is dam and slam). As far as the patches are concerned …. one clever person has found a way to communicate to billions of cells in the body by using Nannotechnology on the merridians.

Kris added these pithy words on Nov 24 09 at 2:02 pm

Hi Kris, you say “one clever person has found a way to communicate to billions of cells in the body by using Nannotechnology on the merridians.”

If this is true, why don’t they publish it in the mainstream, peer-reviewed scientific literature and apply for the Nobel Prize? This would be a paradigm changing discovery. Notably, there is still no physiological evidence for the existence for meridians.

Maggie added these pithy words on Nov 24 09 at 9:16 pm

I have to make one more comment here.

TO those that have only an opinion it is not seen as a responsible way of making your opinion public without any evidence either way.
For those that are Pro Lifewave i suggest you spend your time undergoing a controlled experiment to validate the efficacy of the product and to eliminate the Placebo effect as the underlying cause of your well being.

To those that are pure skeptics it would also be worth putting your money where your mouth is and undergoing the same process as your adversaries.
In the assumption that the product doesn’t work purely based on the fact that the original person ( Moron )who invented these things does not publish his CV is ridiculous. A persons anonymity is no grounds for disqualifying any product and the resulting vilification of said person.

Acupuncture is well regarded treatment regime that is covered by most of the medical insurance companies and most GPs will tell you that it works but they don,t know why. This statement in itself leads the casual observer to the fact that there are far more things going on in the body that the Pure chemical / cellular processes than what is understood by medicine as a whole.

IF these patches stimulate the acupuncture points in a chemical way rather than puncturing the skin with needles then great but if they don’t then what the smeg is going on.

Like all systems external influences often play a role in the way it responds to certain stimuli and the human body is by far the best reference we have to that in the known universe.

Quackery is alive and well but in some cases the fore-mentioned quackery may have some basis in truth however we fail to see the reasoning behind these claims and then cast these people into hell for their comments due to our beliefs. The general uneducated and opinionated population is usually the ones that starts this process underway and then questions are raised in the academic community who have deep routed beliefs and egos the size of houses and then the whole thing is discredited. Galileo was a fantastic example of the truth being a threat to the structure of belief and the powerhouses of that belief, not to say that this is the case here and that this moron is by any means in Galileo’s league.
So we must open our minds and ask the questions and undertake the experiments to gather worthwhile real and unbiased data to accurately determine the efficacy of this series of products and not just by the scientific community. in many cases they come into this with prejudged views as it may effect the results of their data and beliefs.

So stop your opinions on both sides and do the experiments in a proper and controlled fashion without bias or tampering of the process or results to suit your beliefs or pre-judged ideals.

I in no way endorse or condone the business practices of this company or directors, In fact it is just a rip off but that is not the question here. The real question is to they actually work? and if so why?

My GP, yes a real doctor uses these things and swears by them but i like others need to acquire more data before i determine if they are worth the time or money.

Always remember this: it is not how many questions you ask it is if you as the right question or not!

Hmmmmm added these pithy words on Dec 06 09 at 2:07 pm

@Hmmmm, the onus of proof is on those who claim they work and sell them for AUD89.95 not those who are sceptical. I have examined the evidence as available and see no evidence for them working. They also defy the laws of all science currently known to us. As Carl Sagan said, “Extraordinary claims require extraordinary evidence”.

If David Schultz has indeed discovered some new type of science then he will be in the running for a Nobel Prize, so why wouldn’t he want to publish this in a peer reviewed journal and indeed, make a packet more money?

Also you say that your GP uses them and swears by them – we know that the placebo effect is strong and complex, and even GPs can be swayed by it. After all we are all human and can be tricked.

Maggie added these pithy words on Dec 07 09 at 8:18 pm

I had a doctor try to sell me magnets for my shoes that would make me run better and be stronger instantly. I didn’t even need to have them in my shoes. We did a demonstration where I held a magnet in my hand and pushed down on his arm, then we did it without. Let me just say his acting was embarrassingly bad. Even a medical degree isn’t a guarantee that some one can think critically.

Sean the Blogonaut added these pithy words on Dec 08 09 at 9:03 am

“My mother and sister used Y-age and they are really happy with effect they achieved . I not sure that this work 100% with all Lifewave products , but Y-Age and SP6 really work . If it will be placebo you never have such obvious results. Your skin treamendously improoving. Placebo not improove your skin.”

A very understandable comment, but shows that you have no real understanding of the placebo effect.

It IS possible to improve skin condition, eliminate pain, and a whole slew of problems using placebos.

This is not just my opinion, it’s verifiable scientific FACT.

EDHUK added these pithy words on Feb 02 10 at 12:27 pm

Well now, perhaps there will be a Nobel Prize in the future! And its not David Schultz! I have personally met this man and studied his progress and YES he has founded a new technology for well being. I think he is a very gifted soul – lot of people are jealous of that fact! Time will teach the damming and negative people that they should get out of their subconscious minds, be open minded and learn what Nanotechnology,energy and light is all about and how the patches work. That will take you some time, especially if you are not worldly in you thinking.

Kris added these pithy words on Mar 08 10 at 1:44 pm

Hmmmmm: you wrote –
‘IF these patches stimulate the acupuncture points in a chemical way rather than puncturing the skin with needles then great but if they don’t then what the smeg is going on’
A statement of ignorance I’m afraid. You dont even know how the patches work, do you. There’s NO chemicals involved! You are one who could really do with some education on the topic, and then you may be entitled to rave on like you have.
You also wrote: “I in no way endorse or condone the business practices of this company or directors, In fact it is just a rip off but that is not the question here. The real question is to they actually work? and if so why?”
Who cares if you dont endorse or condone the patches – you dont even know how they work because you have never studied them and definetly NEVER USED THEM, otherwise you wouldnt be writing this rubbish.

Kris added these pithy words on Mar 08 10 at 1:54 pm

Maggie: you wrote – “Notably, there is still no physiological evidence for the existence for meridians.”
You are soooo unevolved. I bet you dont have a spiritual bone in your body. You would be one of those people who cant get their head around anything other than what they can ’see’ and understand at this point in life.

Kris added these pithy words on Mar 08 10 at 1:59 pm

Maggie you wrote “we know that the placebo effect is strong and complex, and even GPs can be swayed by it. After all we are all human and can be tricked”
You are afraid of everything! Fear is blocked Kidney meridians – try some patches on that for a few months! Once that meridian is unblocked you will feel sooo much better!

Kris added these pithy words on Mar 08 10 at 2:01 pm

@Kris, so you have evidence for the existence of meridians? I would love to see it. I only accept the peer reviewed published in reputable scientific journals kind, please.

Just out of interest, are you a Lifewave distributor or just a fan?

Maggie added these pithy words on Mar 08 10 at 2:19 pm

I think Chris is a Poe.

Sean the Blogonaut added these pithy words on Mar 08 10 at 3:19 pm

I am not! Perhaps Kris is though.

Chris added these pithy words on Mar 08 10 at 4:47 pm

Tee hee

Sean the Blogonaut added these pithy words on Mar 08 10 at 6:16 pm

What happened to Kris? Gone to troll somewhere else? Kris, you know I have another LIfewave blog. How long will it talk you to find it?

Maggie added these pithy words on Mar 09 10 at 7:02 am

Maybe he was busy at Wagin Woolorama where Lifewave was being spruiked along with a host of other acuppressure-related healing technologies last weekend.
.
Why do you always have to be “spiritual” for pretend medicine to have any effect? That seems to make it somewhat less useful than real medicine.

AndyD added these pithy words on Mar 11 10 at 5:27 pm

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