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 an attorney complete an audit of our content. We are in the process of making updates to 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 TESTIMONIALS | This is not allowed by the FTC. Use at least a first name or initials of the person |
| PROXY WORK WITHOUT CONSENT | MUST 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.