ASA Adjudication on Austin Brewer

Ad

A magazine ad, for Austin Brewer beauty clinic, was headed "A LIFT FOR CHRISTMAS". Below, text stated "You've got this season's must have dress, your hair is styled to perfection but the reflection that stares back at you in the mirror looks older than you feel. But this Christmas having a fresh new complexion to go with your perfect party look won't cost the earth - and only takes a few minutes to achieve. Austin Brewer, the country's very own Dr Botox, is one of the UK's leading facial aesthetic facial practitioners and from his new exclusive clinic in the heart of the New Forest he is offering a revolutionary non surgical face lift which turns back time without any invasive surgery. The amazing new lift uses Botox and fillers to create a liquid lift to rejuvenate sagging skin. Dermal fillers such as Restylane are used to plump up the skin making it firmer and smoothing out lines and wrinkles. In a procedure known in the celebrity world as the V Lift Botox and dermal fillers are used to give an instant overall facelift that doesn't require any incisions, bruising or recovery period ... "This new alternative to surgery is proving popular with many of my clients who want to roll back the years without resorting to surgery" says Austin. "What they find amazing is the effects can be as dramatic as a facelift yet less invasive. As the needle used is so fine there is minimal, temporary discomfort and no side effects so many clients return to work the same day". Austin's long list of celebrity clients will be among the first to try out his new clinic on the outskirts of Brockenhurst ... Austin who also has clinics in Switzerland, Cyprus and Holland. Austin's exclusive clinic opens its doors this month ...". At the bottom of the ad, text stated "One lucky reader will be treated to a complete facial overhaul - the ultimate Christmas present. To be in with a chance of winning answer the following question ... Send your answer on a postcard, along with your name, address, email and phone number to ... by no later than December 20 2008. The winning entry will be notified by phone ...".

Issue

The National Slimming and Cosmetics Clinics Ltd challenged wheter:

1. the claim " Austin Brewer, the country's very own Dr Botox" was misleading, because it implied Austin Brewer was a Doctor of Medicine;

2. the claim "one of the UK's leading facial aesthetic practitioners" could be substantiated;

3. the claim "Austin's long list of celebrity clients" could be substantiated;

4. the claim "clinics in Switzerland, Cyprus and Holland" could be substantiated and

5. the ad breached the Code by referring to Botox, a prescription-only medicine.

The ASA challenged whether:

6. the claims "revolutionary new facelift which turns back time without invasive surgery", "rejuvenate sagging skin",  "plump up the skin making it firmer and smoothing out wrinkles", "new alternative to surgery" and "dramatic as a facelift" exaggerated the effects of dermal fillers and the claim "no side effects" was misleading;

7. the ad was irresponsible in offering a facial involving a prescription-only medicine as a prize in a draw;

8. the ad included all the terms and conditions for the prize draw and whether the prize draw was to be conducted under the supervision of an independent observer; and

9 the ad included sufficient data protection information.

CAP Code (Edition 11)

Response

Austin Brewer contacted the ASA but was unwilling to respond materially to our enquiries.  He said he would be in breach of his contract with a former employer and with his clients if he responded.  He said he would seek CAP Copy Advice before advertising again.

Assessment

1.- 9. Upheld

The ASA was concerned that Austin Brewer refused to submit evidence for the claims in his ad.  We noted CAP Code clause 3.1 stated "Relevant evidence should be sent without delay if requested by the ASA or CAP" and because Mr Brewer failed to provide evidence to substantiate the claims in his ad or comment on the concerns of the complainant and the ASA, we considered that he was in breach of the Code.   

We considered that, without substantiation, claims such as a "revolutionary new facelift which turns back time without invasive surgery", "rejuvenates sagging skin", "dramatic as a facelift", "new alternative to surgery" and "no side effects" were likely to mislead.  We also considered that the claims that he was a qualified doctor; that he was "one of the UKs leading facial aesthetic practitioners"; and that he had a "long list of celebrity clients" and clinics in Switzerland, Cyprus and Holland had not been proven and therefore were misleading.   We were further concerned that the ad included insufficient data protection information; did not include all the terms and conditions for the prize draw; offered a facial involving a prescription-only medicine as a prize in a draw; and referred to a prescription-only medicine in breach of the Code.   We concluded that the ad breached the Code on numerous counts.

The ad breached CAP Code clauses 2.2 (Social responsibility), 3.1 (Substantiation), 7.1 (Truthfulness), 28.1 (Protection of consumers), 34.1e (Promotion prizes), 35.7 (Prize promotions independent observer), 35.9 (Prize promotion conditions), 43.1 and 43.3 (Database practice), 50.1 (Medical and scientific claims), 50.4 (Side-effects), 50.7 (Rejuvenation claims) and 50.12 (Prescription-only medicines).

Action

The ad must not appear again in its current form.  We welcomed Austin Brewers assurance that he would seek guidance from the CAP Copy Advice team before advertising again. We reminded Austin Brewer of his obligation under the CAP Code to provide evidence when requested by the ASA or CAP.

Adjudication of the ASA Council (Non-broadcast)