Background:

The FTC has established a task force to look at websites offering health care products and services that make questionable claims of curative ability, that are exaggerated, or that are unproven. Depending on your marketing content and how you talk about your business, Emotion Code and Body Code Practitioners could be vulnerable to fines or other actions by the FTC.

  • Discover Healing recently had attorney complete an audit of our content. We are in the process of making updates our website and other content, including the practitioner resources hosted on our website.
  • ALL practitioners should follow the same recommendations made by our attorney to reduce their own legal risk.
  • We urge you to internalize the principles behind the recommendations and then use common sense.

Principles:

There are a few principles behind the FTC guidelines. Learn and internalize them. It should be relatively simple to protect yourself by avoiding problematic terminology.

WE MUST AVOID:

  • Absolute language that may be construed as guarantees or “unsubstantiated claims”. We offer possibilities, not promises.
  • Words like healing, cure, patient, therapy, etc. that imply medical licensing (unless you DO have the applicable license, in which case you should already know what you can say). We are helping people feel better, not curing conditions.
  • Addressing specific conditions (migraine, IBS, PTSD, depression, anxiety, and any others, even pain). Legally, implies that we are treating those things without the proper medical or psychiatric license. Again, we are helping people, not curing conditions.
  • We’ve identified language to avoid, plus safer terms to use instead.

This is not a complete list, but examples.

Use sound judgement!

NO

YES

TERMS THAT SOUND ABSOLUTE MAY BE SEEN AS GUARANTEE OR PROMISE

Examples: TEC / TBC / energy healing / etc. will ____. Or TBC/TEC gives you ___.

Muscle testing / TEC / TBC / energy healing / proxy work / offers or does ___.

TEC / TBC / energy healing / resolves / removes or underlying cause of ___. (Sounds absolute)

SOFTEN TO INDICATE POTENTIAL, POSSIBILITY, or INTENTION

May, might, or could. Our premise is…, our theory is…, it’s our opinion that…, it’s possible to..

TEC or TBC is designed to…, intended to…, offers the opportunity to…, may be useful for…

Or add qualifier like “we believe” or “our premise is…”, “the idea behind muscle testing is…”

FACTUAL SOUNDING STATEMENTS THAT WE CAN’T PRESENT PROOF OF

Example: Trapped emotions are holding us back / an epidemic

Assumptions without actual data (thousands of people have experienced …)

TEC / TBC has been proven or TBC / TEC has helped thousands…

SOFTEN TO PRESENT AS BELIEF, PREMISE, OR WHAT WE’VE BEEN TOLD

Add qualifier as above: we believe, our premise is, our theory is, it’s our opinion that…

Combine with qualifier like while it’s not possible to make a guarantee…, users have

REPORTED or TOLD US TBC / TEC has been shown to help, many users have reported…

ABSOLUTE CAUSE & EFFECT

Trapped emotions cause…, negative energy causes… (whatever issue) is caused by…

Trapped emotion in whatever area of the body causing such-and-such condition

SOFTEN TO PRESENT AS A POSSIBLE CAUSE

Reference the study that backs up the claim or add a qualifier such as our premise is, our theory is, it’s our opinion that, we surmise. OR, phrase it as a possibility, such as trapped emotions MAY, COULD, or CAN cause or lead to…)

ABSOLUTE DESCRIPTIONS OF WHAT OTHERS HAVE SEEN

Users of TBC / TEC have seen or found (sounds too absolute, almost a guarantee)

WHAT HAS BEEN TOLD TO US

Users of TEC / TBC have REPORTED…

NO

YES

WORDING (like “heal”) THAT IMPLIES MEDICAL LICENSING OR HEALING ABILITY

 

Healer

Healing (noun) Example: find or acheive healing

Heal (verb) Example: heal yourself or others

Healing (descriptor) Example: TEC is a healing method

“PRACTITIONER”, “ENERGY HEALING”, GENERAL TERMS IMPLYING WELLNESS OR

FEELING BETTER

Practitioner (official term). Energy healing professional

Energy healing. Balance, wellbeing, wellness, easing.. Removing imbalances…

Help, balance, restore, resolve, empower, improve, alleviate, feel better, mend, soothe,

settle, ease, correct, rectify, repair

Energy healing, energy balancing, alternative energy healing, energy healing arts

PSYCHOLOGY, PSYCHOLOGICAL, OR EVEN ENERGY PSYCHOLOGY, MENTAL ILLNESS

Implies medical licensing. If you DO have that licensing, you already know what you can say.

DO NOT USE unless licensed. 

Energy healing is okay. Focus on

emotional trouble, distress or stress, feeling troubled or out of balance. We are not treating psychological or mental conditions!

TREAT or TREATMENT

Implies medical licensing.

GENERAL ALTERNATIVE TERMS

Help, resolution, alleviate, working toward resolving or alleviating, alternative / holistic method or modality, session

PAIN OR PAINFUL, TRAUMA OR TRAUMATIC Can be interpreted as treating medical

conditions

GENERAL DISCOMFORT OR DIFFICULTY – STILL GETS THE POINT ACROSS

Physical discomfort, distress, anguish, issue, trouble, turmoil, suffering, imbalance, emotionally charged, difficult

CURE, CURING, CURED, etc.

Implies medical licensing

DO NOT USE THESE TERMS 

JUST DON’T!

PATIENT(S) 

Implies medical licensing

OTHER DESCRIPTORS

Client, friend, or specific descriptor like a mom, an elderly person, a child

NAMES OF PHYSICAL CONDITIONS REQUIRING DIAGNOSIS / LICENSE

Fibromyalgia, lupus, cancer, chronic fatigue, IBS, infertility, insomnia, allergies, etc.

GENERAL TERMS THAT DESCRIBE THE ISSUE WITHOUT NAMING CONDITIONS

Generalize. Digestive trouble, tired all the time, troubled by dr’s diagnosis, lack of

Energy, trouble sleeping, itchy eyes or hives, lack of mobility, etc.

We are helping to resolve these issues or helping them feel better, obtain balance, or

function better

NAMES OF PSYCHOLOGICAL / MENTAL CONDITIONS REQUIRING DIAGNOSIS / LICENSE

Implies medical licensing

Depression, anxiety, panic attacks, bulimia, phobias, addiction, PTSD, abuse, etc.

GENERAL TERMS THAT DESCRIBE THE ISSUE WITHOUT NAMING CONDITIONS

Anxiousness, sadness, fear, reliving bad memories, food relationship, poor focus,

imbalance, unhappy, uneasy, stressed

Generalize helping people feel better emotionally, feeling better about themselves

More emotionally balanced and secure, happier, less stressed, calm. Better relationship with food, leaving vices behind

THERAPY, THERAPIES, THERAPEUTIC 

Implies medical / psychiatric licensing

OTHER DESCRIPTORS

Modality, method, help, assistance, or helpful, session, energy work

PHYSICIAN OR HOLISTIC PHYSICIAN 

Implies medical licensing

DO NOT USE PHYSICIAN 

When speaking of Brad, say chiropractor

(be specific). Otherwise, say holistic / energy practitioner

ANONYMOUS TESTIMONIALSThis is not allowed by the FTC. Use at least a first name or initials of the person
PROXY WORK WITHOUT CONSENTMUST HAVE PERMISSION TO CONDUCT A SESSION

FTC Compliance Guidelines for Practitioners

Summary:

  • Avoid language that may imply a guarantee or an unsubstantiated claim. Don’t talk about helping them heal. We are helping them feel better or restore balance, not healing or curing.
  • Be careful about absolutes like, “The Emotion Code does ____ or helps with ___.” Soften claims with words like may, could, or makes it possible to.
  • Always put the word “energy” before “healing.” But even then, you’d be wise to use it sparingly!
  • Avoid referencing treating specifically titled medical conditions or mental health conditions. Instead of conditions like fibromyalgia, use words like discomfort. Instead conditions like depression, use words like sadness. Instead of anxiety, use anxiousness.
  • Instead of words like pain and trauma, use words like discomfort, suffering, stressful, difficult.
  • Identify TEC/TBC as an energy healing, alternative energy healing or energy balancing method or modality, not a healing one.
  • Instead of words like heal or cure, use words like: recover, reduce, improve, restore, balance, resolve, and refer to enhancing well-being or wellness.
  • Do not forms of the words physician, patient, treatment, therapy, or psychology. Instead use practitioner, client, help or session, energy work, and feeling words that still get the point across.

What To Do Now:

  • Internalize these principles in your mind
  • Change the language in your speech & written content
  • Refer to this document often for reminders & clarification
  • Use common sense & your own sound judgement
  • Talk to other practitioners and clients about protecting yourself and Discover Healing.

We wish you safety & success as a Certified Practitioner!

Disclaimer about this document: Nothing in this document, its distribution, or associated content is intended as legal advice. Practitioners are encouraged to seek the advice of a qualified legal professional about how to best protect themselves against legal action from any group or individual.