Who: The Advertising Standards Authority (ASA)
Where: United Kingdom
When: 1 February 2024
Law stated as at: 5 March 2024
What happened:
On 1 February 2024, the Committee for Advertising Practice (CAP) issued an enforcement notice to cosmetic surgery providers based abroad instructing them to comply with the stringent advertising rules which CAP set in its UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code), as well as producing new guidance which cosmetic surgery advertisements will need to comply with. CAP has initiated heightened monitoring efforts to pinpoint and address irresponsible advertisements promoting cosmetic surgery procedures, to safeguard individuals, especially young and vulnerable audiences, from potential harm.
There has been a growing interest in procedures such as liposuction, breast augmentation and "Brazilian butt lifts" among individuals seeking services from practitioners or clinics based outside the UK. An uptick in advertisements targeting UK consumers for these services has been observed, with a mix of compliant and non-compliant examples.
The ASA believes that cosmetic surgery is a big decision and advertisements should reflect its gravity. Complications from botched surgeries can result in profound, life-altering consequences and, in some cases, even death. The enforcement notice serves as a clear directive to clinics, urging them to rectify any shortcomings in their advertising; otherwise, sanctions will be enforced. Advertisements must adhere to standards of responsibility by not making unsubstantiated claims or employing social pressure tactics.
The ASA's recent actions stem from investigations resulting in the banning of thirteen ads from foreign-based cosmetic surgery clinics targeting UK audiences. These ads violated multiple rules, including the failure to disclose potential risks, trivialising surgery decisions, making misleading safety claims and misrepresenting doctors' credentials.
Shahriar Coupal, the secretary of CAP, said: "Every year, many people go abroad and have positive experiences undergoing cosmetic surgery. But as more companies advertise to UK customers, we're also seeing more examples of the rules being broken. This needs to stop.
We don't regulate the service these clinics offer, but we do regulate their ads when they target UK consumers. This Enforcement Notice makes it clear to advertisers that they need to ensure their ads are up to scratch. They need to follow our rules, or we'll impose sanctions to protect audiences from their ads."
Why this matters:
The ASA's crackdown on overseas surgery providers' advertising safeguards UK consumers from potential harm by ensuring that ads disclose risks transparently, prevent trivialisation of surgical decisions and curb misleading safety and doctor credential claims. The ASA's vigilance promotes responsible advertising and ensures that consumers can make informed decisions about medical procedures. This proactive stance underscores the importance of protecting individuals from deceptive and non-compliant advertising practices.
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