Harry Singh discusses why you must make sure you follow the rules when promoting facial aesthetics at your practice.
The advertising of facial aesthetics in the UK is a nuanced and highly regulated field, particularly when it comes to prescription-only medicines (POMs) like Botox.
This article outlines what can and cannot be said regarding advertising facial aesthetics, referencing the guidelines from the Advertising Standards Authority (ASA), Medicines and Healthcare Products Regulatory Agency (MHRA) and the Committee of Advertising Practice (CAP).
POM regulations
Botox, a popular treatment for reducing wrinkles, is classified as a POM in the UK. As per MHRA and CAP guidelines, POMs cannot be advertised to the general public. This restriction ensures that such medicines are prescribed based on medical need rather than consumer demand driven by advertising.
Therefore, while it is permissible to discuss Botox in a clinical context within a practice, it is illegal to promote it externally in any form of public-facing advertisement (including websites and social media accounts). This means you cannot post before and after images, pricing for different areas or mention anti-wrinkle injections.
In addition, Botox is a registered In addition, Botox is a registered trademark owned by Allergan and can only be used with its explicit permission.
Internal promotion within practices
Within the confines of a dental or aesthetic clinic, it is permissible to discuss Botox treatments with patients. This is considered part of the clinical consultation process, which falls outside the scope of public advertising regulations.
Educational materials and informational brochures about Botox can be available in waiting areas or discussed during patient consultations. However, these materials should not be visible to non-patients or distributed outside the practice.
Dermal fillers
Unlike Botox, dermal fillers are not classified as POMs and can therefore be advertised to the public. This includes the use of social media, print media and other marketing channels. However, it is essential to ensure that all advertising is accurate, not misleading and compliant with general advertising standards set by the ASA. Key advertising points for dermal fillers:
- Honesty and transparency: all claims made in advertisements must be truthful and substantiated. Misleading claims about the efficacy or results of dermal fillers are prohibited
- Non-exaggeration: advertisements should not exaggerate the benefits of dermal fillers. They should provide a realistic expectation of what the treatment can achieve
- Safety information: advertisements should include information about potential risks and side effects associated with dermal fillers to ensure informed consent
- Qualified practitioners: it should be clear that treatments are performed by qualified and experienced practitioners.
Off-licence use of POMs
The off-licence use of POMs refers to the application of a medicine for a condition or in a manner not specified in its official labeling. Advertising such uses is strictly prohibited. For example, promoting Botox for treatments not approved by the MHRA, such as certain types of pain management or depression, is illegal.
Promoting consultations
Both the ASA and MHRA allow the promotion of consultations for aesthetic treatments, including those involving POMs. This can be a valuable way to attract potential patients without breaching advertising regulations.
How to advertise consultations
- Focus on the consultation: advertisements can emphasise the availability of consultations with qualified medical professionals to discuss aesthetic concerns and potential treatments
- Educational content: providing educational content about facial aesthetics, including the benefits of consulting with a medical professional, is permissible
- Patient stories and testimonials: sharing patient stories and testimonials (with consent) about their consultation experience and subsequent treatment outcomes can be effective, provided they do not promote specific POMs.
Compliant consultations
To ensure that consultations for facial aesthetics remain compliant with regulatory guidelines, it is essential to focus on the following four elements.
- Educational approach
- Emphasise that the consultation is an educational session designed to inform patients about their options. Avoid making it a sales pitch for specific treatments, especially POMs like Botox
- Provide comprehensive information about the range of available treatments, including non-POM options like dermal fillers.
- Individualised treatment plans
- Develop personalised treatment plans based on the patient’s medical history, aesthetic goals and individual needs
- Discuss the potential benefits, risks and side effects of each treatment option, ensuring patients have realistic expectations.
- Transparent communication
- Clearly explain the legal limitations regarding advertising and the use of POMs. Ensure patients understand why certain treatments cannot be promoted publicly
- Offer detailed information on the consultation process itself, highlighting its purpose as an assessment and education session rather than a commitment to a specific treatment.
- Documentation and consent
- Maintain thorough documentation of all consultations, including patient enquiries and information provided
- Record that a ‘cooling off’ period was offered
- Never treat a patient with a POM on the same day as the consultation
- Ensure patients sign consent forms that explicitly state their understanding of the treatments discussed and the limitations regarding their advertisement.
Structuring the consultation process
- Initial assessment: begin with a comprehensive assessment of the patient’s medical history, current medications and aesthetic concerns. Gather baseline information and understand the patient’s goals
- Discussion of treatment options: present a balanced overview of both POMs and non-POMs. Highlight the benefits and limitations of each. Clearly state that while certain treatments cannot be advertised, they can still be discussed within the clinical setting as part of the consultation
- Risk and benefit analysis: provide detailed explanations of the potential risks and benefits of each treatment option. Use evidence-based information to support your discussion. Encourage patients to ask questions and express any concerns they may have
- Treatment planning: collaboratively develop a treatment plan that aligns with the patient’s goals and clinical needs. Emphasise the importance of follow-up appointments and ongoing assessments to monitor the effectiveness and safety of the treatments provided
- Informed consent: ensure patients provide informed consent before proceeding with any treatments. This consent should include acknowledgment of understanding the regulatory limitations on advertising certain treatments.
Best practices for promoting a consultation
- Highlight expertise: promote the qualifications and expertise of the medical practitioners conducting the consultations in the practice. This builds trust with patients and emphasises the professional nature of the consultation
- Focus on patient care: stress the practice’s commitment to patient care and safety, which includes thorough consultations to ensure the best possible outcomes
- Educational content: use educational content, such as blog posts or videos, to inform potential patients about what to expect during a consultation. Avoid mentioning specific POMs in these materials.
Social media testimonials
Patients can share their treatment experiences with POMs on their social media channels, which can indirectly promote your practice.
This form of user-generated content is not considered advertising by the practice and is therefore not subject to the same strict regulations.
Guidelines for patient testimonials:
- Voluntary participation: ensure that patient testimonials are voluntary and not incentivised in a way that might be seen as payment for promotion
- Accurate representation: testimonials should accurately reflect the patient’s experience and results
- Disclosure: patients should disclose that they received treatment at your practice to maintain transparency.
Conclusion
Advertising facial aesthetics in the UK requires careful navigation of various regulations to ensure compliance while effectively promoting your services. Understanding the distinctions between POMs, like Botox, and non-POMs, like dermal fillers, is crucial.
While Botox cannot be advertised to the general public, practices can promote consultations and rely on patient testimonials on social media to indirectly highlight their services. Adhering to the guidelines set by the ASA, MHRA and CAP ensures that your advertising remains ethical, legal and effective.
This article first appeared in Private Dentistry magazine. To receive a copy, sign up to Dentistry Club.
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