Health Canada has deemed NeurOptimal® a consumer product. This means that it is NOT a licensed medical device, drug or natural health product. Therefore, one can only make non-therapeutic claims about NeurOptimal® in its advertising.
To ensure that NeurOptimal®’s advertising is non-therapeutic, claims must not imply the diagnosis, treatment, mitigation of a disease, disorder or abnormal physical state or symptoms. Additionally, claims about NeurOptimal® must not suggest the restoration, modification or correction of the body’s structure. Only drugs and medical devices are permitted to make such claims, provided they are approved under a license issued by Health Canada.
In general, claims made about NeurOptimal® should be limited to statements that describe:
- how NeurOptimal® works and performs
- the materials and other components used to make and implement NeurOptimal®
- the quality of NeurOptimal®
The Competition Act (“Act”) regulates all advertising in Canada. Specifically, the Act prohibits making a false or misleading representation. Therefore, all claims about NeurOptimal® must be accurate, true and substantiated before they are advertised. For example, to advertise a claim like “#1 neurofeedback system in Canada based on sales”, one would need to have valid and up to date sales data that supports the fact that it is the most sold neurofeedback system in Canada. We also recommend that one keep any records on file as evidence that it can support the claims it is making about NeurOptimal®.
For illustration purposes, we have prepared the following list of potential claims* that one could use to market NeurOptimal®.
“NeurOptimal® has Canada’s largest network of neurofeedback trainers” or “Top selling neurofeedback system in Canada.” (Please note these are examples our lawyer provided us, we do not have evidence that supports these statements.)
“NeurOptimal® was developed by Clinical Psychologists.”
“NeurOptimal® is the world’s first and only Dynamical® Brain Training system.”
“NeurOptimal® is made with the finest materials.”
“I felt better after using NeurOptimal®.”
- must reflect the person’s actual experience with the product
- be typical of consumer experience
- should not be incentivized without further disclosure (i.e. free product, payment in advance of providing the testimonial).
- have written permission from the individual before being published.
- must not be published if they make a claim that NeurOptimal® itself couldn’t make, for example, health/therapeutic claims even if that is the user’s actual opinion and personal experience.
*One would, of course, need to have evidence to support that these claims are true, and will still need to ensure that they do not imply that NeurOptimal® is a therapeutic or health product/service.