How to stay compliant when advertising aesthetic treatments

The provision of private aesthetic treatments has become increasingly popular in recent years. Pharmacists, dentists and beauticians are among those increasingly offering cosmetic procedures like dermal fillers, anti-wrinkle injections and skincare consultations. 

There are several considerations that practitioners offering these services must remain mindful of to adhere to professional standards and prioritise patient safety. Here, Thorrun Govind and Natalie Hardman share guidance on what should be considered when advertising aesthetic treatments.

When promotion goes wrong 

In August 2024, Nadine Poole was fined by Lisburn Magistrates' Court for unlawfully posting online adverts for the provision of prescription medicines and possessing unlicensed prescription medicines for onward supply. 

Poole had published adverts on her ‘Doll House Beauty’ social media pages, which promoted or were likely to lead to the use of the prescription only medicine Botox®, which is a registered trade mark of Allergan, Inc.

This conviction serves as a warning to all those operating cosmetic clinics or providing aesthetic services — whether they’re regulated professionals or not. All promotional materials must be reviewed on a regular basis to stay compliant with the law, regulations, codes and guidelines. 

ASA guidelines 

Stating the name of a particular prescription-only medicine (POM), using a trade mark like Botox® or its generic form ‘botulinum toxin’ goes against Rule 12.12 of the CAP Code, which expressly states that prescription-only medical treatments must not be advertised to the public. 

It’s also an offence under the Human Medicines Regulations 2012 to in any way promote the prescription, supply, sale or use of a POM. Additionally, the intellectual property rights (IPRs) including trade marks (such as Botox®) that belong to a third party can only be used with express permission. 

Indirect references to POMs can also pose problems. A recent example is the case of enforcement action taken by the Advertising Standards Authority (ASA) CAP Compliance team related to weight loss medicines, where companies had advertised POMs to the public as ‘skinny pens’ or ‘skinny pills’.

While pharmacy medicines — including those categorised as ‘Over the Counter’ (OTC) medicines — can be advertised, the regulations make it clear that POMs can’t be promoted to the public as this would breach the CAP Code and Human Medicines Regulations 2012.

In addition to avoiding the promotion of POMs, the advertisement of aesthetic services must comply with the ASA’s guidelines — meaning that they mustn’t be offensive, misleading or make unsubstantiated claims. Practitioners must be transparent with patients regarding the cost, potential outcomes and limitations of aesthetic treatments to maintain trust and ensure patient safety.

Advertisements of cosmetic interventions mustn’t be targeted at under-18s either. Cosmetic treatments shouldn’t be trivialised, nor should they seek to exploit customer insecurities or set unrealistic expectations. 

Focus on the consultation, not the POM

POMs should only be used and prescribed by regulated professionals, who must ensure that they comply with the MHRA's guidelines concerning the use of medical devices and POMs, which includes adhering to protocols for prescribing, storage and administration.

To avoid being accused of promoting named POMs, practitioners should emphasise their expertise and focus on promoting the consultation for particular conditions. False advertisement also includes using images of medication in promotion where the name of the drug is visible. 

Using third party IPR

Using a third party’s IPR — such as a trade mark — without their consent can result in enforcement action against the unauthorised user. The costs of defending such an action can be substantial. 

If you intend to use a third-party brand in your advertising, you should ensure that: 

1. You’re permitted to do so by the brand owner (for example, by way of express agreement such as a licence of rights). 
2. Such use complies with any relevant laws, regulations, codes and guidelines (such as the Human Medicines Regulations 2012, MHRA guidelines and ASA Cap Code).

Training 

Before you start providing aesthetic treatments, you should undertake training courses in aesthetic procedures. These courses typically cover both the theoretical and practical aspects of treatment and how to manage complications. It’s also important to stay up to date with ongoing training to ensure patient safety.

Talk to us

From providing advice on the regulatory aspects of procedures and reviewing advertising claims to preparing brand licences and patient consents, we can offer help and guidance to practitioners looking to offer and advertise aesthetic treatments in a responsible and compliant manner. 

Talk to our healthcare team by giving us a call, sending us an email or completing our contact form below.

This article was published in Chemist+Druggist on 28 October 2024.