Restrictions around advertising and marketing in aesthetics can seem confusing. For the uninitiated, it can come as a surprise to find that you’re not allowed to advertise BOTOX when that is your business. It’s especially frustrating when you see someone doing something that you thought wasn’t allowed.
However, BOTOX is a prescription only medicine (POM) and therefore there are guidelines designed to protect clients and patients. This blog is here to try and give a bit more information on the regulations you need to be aware of before advertising in aesthetics.
Why is BOTOX advertising restricted?
Botulinum toxin is a prescription only medicine in the UK. This means that botulinum toxin itself and all brands including Botox, Bocouture, Vistabel, Azzalure and Dysport are subject to POM advertising restrictions and therefore cannot be advertised to the public.
The ASA (Advertising Standards Authority) state
“In traditional non-broadcast media, such as leaflets, press ads, brochures, posters and even on sponsored ads, the ASA considers almost every reference to Botox and other botulinum toxin products as promoting a POM and therefore a clear breach of rule 12.12.”
You cannot use the words ‘botulinum toxin’ or any of the brand names in advertising – including adverts, leaflets, posters, website homepages, social media posts (including images, text or hashtags). It is also not allowed in Google AdWords – botinlinum toxin and its brand names are not allowed as keywords, ad text or landing page. If found, your ads will be stopped due to Google’s healthcare policy.
Some companies have tried to work around the regulations by misspelling Botox e.g. beautytox, or by putting the word into an image. However, the ASA has also clarified that deliberate misspells are also not allowed, nor are images or logos that incorporate text that refers to any prescription only medicine.
Where can I find the regulations?
The regulations are published in the MHRA Blue Guide Appendix 6, which was published in December 2014 and last updated in November 2020
What does the ASA say?
The ASA publishes regular advice on the issue. The following link is very helpful:
In addition, the ASA publish results of any rulings, which demonstrate that there is governance of the area as well as ‘naming and shaming’ those found to have breached the guidelines:
How are the Guidelines Applied?
If the ASA/CAP/MHRA find that your activity contravenes the advertising guidelines, then you will receive an enforcement notice requiring you to change your activities.
More Useful Links
For further information:
- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/376398/Blue_Guide.pdf
- https://www.asa.org.uk/type/non_broadcast/code_section/03.html
- https://www.asa.org.uk/advice-online/beauty-and-cosmetics-botulinum-toxin-products.html
- http://www.legislation.gov.uk/uksi/2012/1916/contents/made
What is Allowed – How Can I Promote My Services?
- ✔ CAN promote ‘consultation for the treatment of lines and wrinkles‘ as long as you:
- Include discussion of various options including non-POM AND
- State that product will not be sold/administered if the client is unsuitable
- This only applies for practitioners who do POM alternatives e.g. offer dermal fillers, laser or IPL as well as botulinum toxin. Those who are ONLY offering POM are unable to use this course of communication if the only realistic treatment available is POM
- ✔ CAN promote ‘anti-ageing treatment options‘ provided that there are POM alternatives available i.e. dermal fillers as well as botulinum toxin
- ✔ CAN use POM terminology and brand names on the website as long as:
- Not on the home page
- Emphasise the promotion of the consultation
- Explain that consultation may not necessarily lead specifically to a POM treatment i.e. a range of treatments may be recommended or treatment may be refused
- Avoid promotional terminology, including excessive repetition of brand names which could be deemed promotional
- Information should not go beyond balanced and factual information typically found in the patient information leaflet or similar non-promotional information
- ✔ CAN use POM terminology and brand names in direct messaging to individual clients via social media, email and verbal communication (face to face and on the phone), where the client has enquired
In case of specific queries, there is a free copy check service https://www.asa.org.uk/advice-and-resources/bespoke-copy-advice/copy-advice-information.html.
Will the Guidelines Change?
There is every indication that regulations surrounding marketing and advertising in aesthetics are likely to become more stringent in the future. Currently, the guidelines apply to prescription only medication and therefore do not encompass other injectable treatments such as dermal fillers, polynucleotides, skin boosters or fat reduction injections. They also do not currently include other skin treatments like laser, IPL, mesotherapy, chemical peels or microneedling.
In 2013 the Keogh Review highlighted the need for better regulation in the sector – see https://www.gov.uk/government/publications/review-of-the-regulation-of-cosmetic-interventions. This is a theme that has been reinforced by a number of subsequent initiatives. In 2022 the Government announced plans to introduce licensing for non-surgical treatments and in 2023, the Government launched a public consultation into the unregulated cosmetic treatments market.
Further Comments
SkinViva Training Academy delegates can also consult the closed Facebook group the SkinViva Trainee Network, where past delegates share and discuss their experiences and ideas, raise any queries among fellow practitioners and also give feedback and advice.
The advice in this blog is provided in good faith, based on a variety of sources. We accept no responsibility for actions taken or not taken based on the above and advise companies/clinicians to make their own checks.
BOTOX® and Dermal Filler Training
SkinViva Training Academy Manchester
SkinViva Training Academy is one of the UK’s premier training schools for cosmetic injections. The company only offer training for medical professionals who meet their entry criteria which includes degree-level medical qualifications, working in a clinical role with proficiency in injections/cannula and membership of a regulatory body .
The company offers a range of professional training courses for cosmetic and medical skin treatments. See list of forthcoming training course dates.
SkinViva Training Academy was established in 2013 by Dr Tim Pearce MBChB BSc (Hons) MRCGP. The SkinViva Training Academy team upholds high standards of clinical training providing a combination of fully-supervised practical experience together with essential theory.
For further information, to discuss which course is right for you, to enquire about availability or to book a training course please call 0161 850 2491, or email info@skinvivatraining.com.