Advertisment
The advertisers’ website featured a page for their Cancer care that stated:
VHI Cancer care
Complete support when you need it
With you every step of the way. Whether you need help with cancer screening, diagnosis, treatment, or recovery, we’re there. Not just for the big things like hospital treatments, but also the things you may not expect, that help to make your journey easier.
Treatment
Guide to Vhi’s cancer care
At Vhi Healthcare, we understand that the physical and emotional aspects of your diagnosis and treatment will be personal to you and your family. That’s why, it’s important for us to ensure you get the care you need, at every step of your cancer journey. And, you can have peace-of-mind knowing that the cost of your treatment is something you will never have to worry about. *
Benefits include…
Treatment
All your oncology treatment including surgery, chemotherapy, radiotherapy, brachytherapy, Onco Type DX testing, Molecular profiling for targeted therapy, etc., will be fully covered by your Vhi plan. *
Fast access
VHI provides fast access to, and cover for the widest range of cancer treatments in Ireland.
New cancer drug
Once a cancer drug is proven to be effective in treating cancer at a particular stage, we will provide our members with access and cover for that treatment.
The webpage continues to cover sections such as “if you get a diagnosis”, “Care in your home” and “Types of diagnostic imaging and concludes with:
We’re here for the whole you
Find the right plan for you.
Get a quote.
*Benefits vary by plan. You can check those covered on your plan in your Table of Benefits in MyVhi.
Complaint
The complainant found the advertisement misleading as they considered the wording suggested that all cancer treatments, including their own, would be covered under a plan offered by VHI when they were advised that their particular treatment was not covered by their or any plan offered by VHI.
Response
Response The advertisers stated that they were committed to maintaining high standards in their marketing communications to ensure alignment with the ASA Code.
They wished to note that the webpage primarily related to benefits under health insurance products made available to the public. They advised that the development and distribution of these products was subject to regulatory requirements, including obligations to provide specific information and documentation to customers, as well as requirements relating to advertising, sales, and suitability processes.
With regard to the Cancer Care webpage referenced, the advertisers stated that they provided a high-level overview to consumers of the broad range of cancer-related supports and services that might be available to members under their plan. They stated it was not intended to serve as a definitive guide to individual plan entitlements, but rather to illustrate the scope of services and treatments that could be covered during a member’s cancer journey. They stated that the content was generic in nature and prepared with sensitivity to those affected by cancer.
The advertisers noted that the webpage was accessible to both existing members and the general public and as such, they stated care had been taken to frame the content appropriately, with disclaimers and guidance directing users to consult their specific plan documentation. They stated that this was further outlined in their Terms of Use where it stated that the content on their website was stated to be for general informational purposes only.
They advised that this approach was consistent with the ASA’s emphasis on assessing advertisements in context, including the characteristics of the audience and the nature of the product.
The advertisers stated that to ensure transparency and avoid misunderstanding, the webpage included multiple clear and prominent disclaimers, including:
“Benefits vary by plan. You can check those covered on your plan in your Table of Benefits in MyVhi.”
“Please bear in mind that benefits vary depending on your plan. You can quickly and easily check the benefits provided by your plan through the ‘Am I Covered’ facility in the Vhi App or MyVhi.”
They stated that these statements were repeated across several sections of the page, including “Treatment”, “Care in your home” and “Recovery” to reinforce that not all services were universally available across all plans.
The advertisers stated that these disclaimers did not contradict the main message of the webpage but clarified that cover was not universal through repeated reference.
With regards to the complainant and their coverage, the advertisers stated that there was no cover for the treatment drug the complainant was on under any Vhi Health insurance plan. They advised that this was because it was a high-tech drug administered through GP networks under the HSE High tech Drug Scheme. They stated that as it was covered and administered by the HSE, it was available to all subject to the HSE criteria and not covered by them.
The advertisers explained that their primary function as a health insurance provider was to offer healthcare plans that provided insurance cover for hospital costs and associated professional fees arising from illness or accident. They advised that while members might benefit from a wide range of medical procedures or therapies, not all treatments met the criteria required for inclusion in their health insurance plans.
They stated that when deciding whether to provide cover for a treatment, they applied criteria including clinical safety, effectiveness, medical necessity, and acceptance within the medical community. They stated that reliable evidence was required to demonstrate that treatments had undergone well-controlled studies with clinically meaningful endpoints and that consensus existed among medical experts regarding safety and efficacy. Long-term outcomes were also required unless exceptional circumstances applied. New treatments, procedures, and clinical settings were introduced following such reviews where the criteria were met.
The advertisers wished to clarify that the phrase “with you every step of the way” on the Cancer Care webpage reflected their commitment to supporting members throughout their cancer journey, from screening and diagnosis to treatment and recovery. They stated It was not intended as a claim of universal coverage and was described as a statement of support rather than a guarantee of benefits.
The advertisers stated that in addition to the disclaimers and guidance on the Cancer Care webpage, they had embedded safeguards within their sales and renewals processes to ensure customers were fully informed about their cover. At the point of sale and during annual renewal, they stated customers were invited to review their plan details and complete a suitability assessment.
They advised the suitability assessment included prompts to consider specific health conditions, anticipated treatments, and preferred providers and that this process was intended to help customers evaluate whether their chosen plan aligned with their healthcare needs, financial circumstances, and expectations of cover.
The advertisers stated that throughout the year, their members were advised to use the “Am I Covered” tool on their website, contact the dedicated call centre Benefits Team, or consult their Table of Benefits before receiving treatment. They also noted that medical consultants typically advised patients to confirm coverage with their insurer prior to treatment.
The advertisers said that this proactive approach reflected their commitment to transparency and consumer protection, particularly for those unfamiliar with insurance terminology or navigating complex health decisions, and that it significantly reduced the risk of misunderstanding for consumers. They stated that they aimed to communicate with its members in a clear and unambiguous manner and maintained that their Cancer Care webpage did not mislead consumers but provided an overview of coverage for cancer treatments and services, while consistently noting that cover for any specific treatment was determined by the benefits outlined in each member’s plan. They stated that these benefits were detailed in each member’s Table of Benefits and Terms and Conditions, accessible via MyVhi online.
The advertisers expressed regret for any confusion experienced by the complainant but stated they did not believe the webpage breached the ASA Code. They stated that their content was appropriately qualified, contextually framed, and supported by disclaimers, suitability assessments, and guidance tools.
Conclusion
Complaint Upheld.
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted the requirements of the Code that a marketing communication should not contain claims – whether direct or indirect, expressed or implied – which a consumer would be likely to regard as being objectively true unless the objective truth of the claims can be substantiated (S. 4.09) and that disclaimers, asterisked, footnoted or “small print” information should not contradict more prominent aspects of the message (4.6).
The Council noted the advertisers’ inclusion of disclaimers across their Cancer care webpage. They also noted the prominence of broad and supportive language, including absolute terms such as “Complete support” “Every step of the way”. In particular, the Council noted the term “All your oncology treatment” which they considered could reasonably lead consumers to believe that comprehensive cancer treatment was included across all plans when this was not the case.
As treatment coverage was dependent on the specific terms and benefits of individual plans, and not all cancer treatments were eligible for cover, the council considered the advertisement to be in breach of Code sections 4.01, 4.04 and 4.06.
Action Required:
The advertisement must not reappear in the same format again.
