The Contact Details for Dr Boxalls Are As Follows

Dear Sir / Madam

Please find below a consumer complaint from the Treatment Action Campaign about advertising for Dr Boxall’s Phyto Pharmaceuticals products that appeared on a Dr Boxall’s flyer distributed at Wembley Square in Cape Town on May 10 2011. Similar claims to those on the flyer are also being made on the Dr Boxall’s website.

Attached to this complaint you’ll find scanned images of the two sides of the flyer. The filenames for these scans are DrBoxallsFlyer.jpg and DrBoxallFlyerHoodia.jpg. The Dr Boxalls website is at www.drboxalls.com.

The contact details for Dr Boxalls are as follows:

Dr. Richard Kenneth Boxall Dr. Boxall's - Phyto Pharmaceuticals & Natural Remedies

E-mail:

Website: www.drboxalls.com

Tel: +27 (0) 21-4182946

Fax: +27 (0) 866003968

Physical Address: 204A MSK House, corner Buitengracht & Riebeck Str, Cape Town, South Africa

Postal Address: P.O. Box 1254, Seapoint, 8060, South Africa

My contact details and ID number are included at the bottom of this document.

Complaint

This complaint has three sections.

1

The claims relating to this section of the complaint are made on the attached flyer (filename DrBoxallsFlyer.jpg) that was handed out at Wembley Square in Cape Town on May 11. (Essentially the same claims are made on the DR Boxall’s website.)

On the flyer it is claimed that the Dr Boxalls Sutherlandia Frutescens products can treat a variety of diseases listed in Appendix F of the advertising code – including AIDS, diabetes and cancer.

Amongst others, the flyer states: “Sutherlandia Frutescens is one of nature's strongest immune boosters in this age of viral epidemics. So effective, it is used as a component to boost immunity in patients with AIDS.”

- The Dr Boxalls Sutherlandia Frutescens products do not have Medicines Control Councel registration to treat AIDS, diabetes or cancer, as required by Appendix F of the advertising code. The advertisement is therefor in breech of Appendix F of the Advertising code.

2

The claims relating to this section of the complaint are made on the attached flyer (filename DrBoxalFlyerHoodia.jpg) that was handed out at Wembley Square in Cape Town on May 11. (Essentially the same claims are repeated on the Dr Boxall’s website.)

On the flyer the Dr Boxall’s Hoodia Gordanii product is promoted as an means to lose weight and to fight obesity. Amongst others, it is claimed that the product suppresses apetite, combats obesity and controls glucose.

- The claim to combat obesity is in breech of Appendix E Clause 2.1.6 of the advertising code. This clause states that “No claims referring to obesity are admissible in advertisements directed to the general public.”

The claim to suppress apetite is in breech of Appendix E Clause 2.5.1 of the advertising code. This clause states that “Advertisements for appetite depressants should make clear how they work and will only be regarded as acceptable when adequate evidence has been provided.” Since adequate evidence for the efficacy of this product does not exist, the claim is in breech of this clause.

- The section of the flyer relating to the Hoodia Gordani Product is in its entirety in breech of Appendix E Clause 2.3.1 of the advertising code. This clause states that “Diet aids, such as foods, food substitutes or appetite depressants, may not be advertised except in terms which make clear they can only be effective when taken in conjunction with or as part of a kilojoule controlled diet. Due prominence should be given therefore, in all advertisements to the part played by the diet.” Since this advertisement contains no such dietary advice, it is in breech of this clause.

3

The trade name “Dr Boxalls” (found on the flyer and the website) implies that Mr Richard Boxall is a medical doctor.

We checked with the Health Professions Councel of South Afrca and no Dr Richard Boxall was found on their register. In e-mail corispondence with Dr Boxalls we were told that Mr Richard Boxall is a doctor of traditional medicine and not a doctor of modern medicine.

- The use of the “Dr Boxalls” trade name is therefore in breech of section 2, clause 4.2.1. of the advertising code since it misleads the consumer into believing (a) that Dr Richard Boxall is a medical doctor and (b) that the claims in the advertising are endorsed by a doctor. The advertisement misleads by omitting the fact that Dr Boxall is not a medical doctor.

- The use of the trade name “Dr Boxalls” is therefore also in breech of Section 2, Clause 2 of the advertising code which stipulates: “Advertisements should not be so framed as to abuse the trust of the consumer or exploit his lack of experience or knowledge or his credulity.”

Note that even though the flyer does indicate that Mr Boxall is registered with something called the African Traditional Doctors Union, this disclaimer – if considered as such - (1) does not go far enough – since it doesn’t clearly state that he is not a medical doctor, and (2) is not prominent enough to override the impression created by the “Dr Boxall’s” trademark.

Please acknowledge receipt of this complaint.

Please note that i am lodging this complaint on behalf of the Treatment Action Campaign.

Kind regards

Marcus Low

E-mail address:

Postal address:

Treatment Action Campaign

3rd floor, Westminster Building

122 Longmarket street

Cape Town

8001