Complaint
This edition of the programme included a successful pitch for Acu Seeds, a product which applies acupressure to the ear by means of “ear seeds”. Six viewers complained that the pitch included claims that the product could be beneficial in the treatment of myalgic encephalomyelitis (ME)/chronic fatigue syndrome (CFS) which had no scientific basis and were potentially misleading to the audience. The ECU considered the complaints in the light of the ±«Óătv’s editorial standards of accuracy.
Outcome
The entrepreneur making the pitch said “Four years ago I was told I was diagnosed with ME. I went from working in a top advertising agency, with a busy social life and exercising regularly to being mostly housebound, unable to walk for more than five minutes without having to get back into bed. I was told by doctors that I would never recover, work again or have children.  I went on a personal healing journey using diet, acupuncture, Chinese herbs and ear seeds. Using this combination, I believe, aided my recovery within 12 months”.
While there was no claim that ear seeds on their own had a curative effect, this gave the impression that they had contributed to the entrepreneur’s recovery in combination with other treatments. The ECU noted that in fact there is no known cause or cure for ME/CFS and that the NHS an individualised treatment plan based on advice from medical professionals. It also noted that the entrepreneur’s claims were presented as what she had experienced on her “personal healing journey”, rather than as statements of uncontested fact. Nevertheless, in the absence of any challenge or other context, the ECU considered viewers would have had the impression of being offered effective treatment for the condition, with outcomes which far exceeded what medical professionals had advised was possible – an impression which would have been reinforced by the enthusiastic and uncritical response of the Dragons. In the ECU’s judgement this was materially misleading and not consistent with the ±«Óătv’s standards of accuracy.
Independently of the ECU’s enquiries, and in response to complaints shortly after transmission, the programme was removed from ±«Óătv iPlayer, and reinstated with the following information added: “This programme has been edited since broadcast to clarify aspects of the Acu Seeds pitch. Advice should always be sought from a qualified healthcare provider about any health concerns”. The pitch now includes an on-screen strap which reads: “Acu Seeds are not intended as a cure for any medical condition and advice should always be sought from a qualified healthcare professional about any health concerns”. In addition, the Dragons’ Den team have reviewed the remaining programmes in the current series to ensure that it included no other pitches which raised similar issues and have discussed the casting process for the next series in the light of the concerns prompted by the Acu Seeds item. The ECU considered these actions sufficient to resolve the issues of complaint.
Resolved