Note that the information contained within this article is specific to England, Wales and Scotland, where this law applies.
We cannot Advertise Cancer Treatment
Did you know that as hypnotherapists, we are not allowed to advertise the treatment of cancer? This is why you will never see anything at Hypnotic Universe stating that we can treat cancer. There are specific laws which prevent us doing this and I think this is entirely appropriate.
However, you may be interested to know that hypnotherapy can still be a useful tool for those living with cancer, and also for those who have loved ones living with cancer. Read on to find out more.
Introduction
A client recently asked me if I’d be able to help cure his wife’s cancer and this led into a discussion about the extent of my help and what I’m legally allowed (and not allowed) to do.
I thought some might find it interesting to understand how hypnotherapy can fit in with cancer care, in a way that is safe and effective for the person, whilst conforming to the relevant English, Welsh and Scottish law. In this instance, Northern Ireland has been omitted because the laws referred to here do not apply in Northern Ireland.
The Cancer Act 1939
The Cancer Act 1939 dictates that non-medical professionals and take care to ensure that our advertising complies with the law. The regulations in this act go beyond the Committee of Advertising Practice (CAP) Code, administered by the Advertising Standards Authority (ASA). Thus affording greater protection to those living with and experiencing cancer.
The Cancer Act 1939 is designed to safeguard the public by prohibiting advertisements that claim to treat or cure cancer. A key part of the act is found in Section 4 (1).
No person shall take any part in the publication of any advertisement—containing an offer to treat any person for cancer, or to prescribe any remedy therefor, or to give any advice in connection with the treatment thereof.
What Does This Mean in Practice?
This means that, when we promote complementary and alternative therapies, we must be careful to:
- Make it clear that our therapy is not treating the cancer.
- Our therapy is in no way a remedy for cancer.
- Avoid providing guidance on how to manage cancer.
- However we can provide assistance on managing symptoms.
- Make it clear that our therapy complements their current treatment and is not an alternative treatment. This is relevant because hypnotherapy can be considered both alternative or complementary, depending on the goals.
What Constitutes Advertising
The act is pretty clear on this too, with Section 4(8) of the Act stating that:
…the expression “advertisement” includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting sounds.
So, we can see here that the act covers communication in any form, whether it’s written, verbal, direct, or indirect.
Penalties for Non-Compliance
Violating the Cancer Act 1939 constitutes a criminal act. Individuals who do so may face legal action for a summary offence. Summary offences do not require a jury trial.
Enforcing this Act is the responsibility of Trading Standards and the general public are encouraged to report those claiming to treat cancer by reporting it to their local trading standards office.
Penalties depend on whether this is the first instance of committing an offence against the Act, or whether this is a subsequent offence. The initial conviction results in a fine, with subsequent offences resulting in a further fine and/or imprisonment for up to 3 months.
Other Impacts
If a hypnotherapist is convicted of a criminal offence, this often results in removal from their professional organisation’s register. However, not all hypnotherapists are registered, in which case they may be unaffected by this. However, they could still lose their job if employed by another organisation.
What can be Said in Advertising
Hypnotherapists may promote their therapy to those living with cancer when explicitly communicated that the purpose of the therapy is:
- To alleviate cancer symptoms.
- To counteract the side-effects of treatments.
- Not to act as a cure or treatment for the cancer itself.
- Hypnotherapists should avoid using the words associated with treatment, such as treatment, remedy and treat in their advertising, because these could be interpreted to imply that you are treating the cancer itself.
Any advertisements made, should make the distinction between a treatment and complementary therapy and that:
…the therapy you offer should not be used as a substitute for the treatment recommended by mainstream medical practitioners. – CNHC
Here is an example of one of the campaigns that we ran on social media early in 2024:
The Extent of Help Which Hypnotherapists can Offer Those Living with Cancer
So, now we’ve provided the background, you may be wondering exactly how hypnotherapists can help those living with cancer. In our experience, this is how we’ve helped those affected by cancer:
- Provide a safe, relaxing environment. Living with cancer is stressful and assisting with relaxation can provide a welcome break from the stress.
- Help them deal with uncertainty that is inevitably involved in any cancer journey.
- Support well-being generally. Cancer treatment is very hard on both the mind and body, which often impacts well-being in many areas.
- Fear, sadness, shock, anger, guilt, frustration, change in self-identity, reduced confidence, hopelessness etc.
- Alleviate side effects of treatment, such as nausea. Many techniques exist for helping with treatment related nausea.
- Help them adjust to their diagnosis and implications of it. There is often shock involved in a cancer diagnosis and many people go through a grief process. Just like with grief, hypnotherapy can help a person adjust to loss of normality, loss of a working life etc.
- Help with symptom management, such as pain caused by the cancer itself. Similar to alleviating nausea, many hypnotherapy techniques can also be used to manage pain.
- Help them create an emotional state that helps them work with other professionals to make key decisions regarding life plans and end of life care etc.
- For example, reduce anxiety and mental clutter, so they can weigh up their options more easily.
What is the Future?
The act has been occasionally debated and updated since its inception and you can find out more about future possible changes at gov.uk here.
Summary
Practitioners advertising alternative therapies are prohibited from suggesting they can treat or advise on cancer treatment. Violation of the Cancer Act 1939 is a criminal offence, punishable as a summary offence without the need for a jury trial, and is overseen by Trading Standards.
So, we can see that therapists may promote their services to those with cancer, making it clear that their aim is to provide relief from the symptoms or side-effects of cancer treatments, not to offer a cure for the cancer itself.
I hope this helps clarify how hypnotherapists can help those living with cancer. If you need further information or assistance, just let me know.
Find out More
If you have any questions, please don’t hesitate to contact us. You can call us on 07808 931714 or email hello@hypnoticuniverse.org, or contact us via our contact form.
References
CNHC (2024). Making sure you comply with the law on advertising and the treatment of cancer. [Online] https://www.cnhc.org.uk/articles/cancer-act-1939#gsc.tab=0. [Accessed] 1 March 2024.
Gov.uk (2023). Cancer Act 1939. [Online] https://www.legislation.gov.uk/ukpga/Geo6/2-3/13. [Accessed] 1 March 2024.