ASA Adjudication on Harley Medical Group Ltd

Ad

A poster, on the London Underground for the Harley Medical Group, showed a woman before and after breast augmentation surgery. The poster was headlined "GORGEOUS BREASTS JUST GOT EASY WITH COSMETIC SURGERY". A picture on the left showed an unsmiling woman in a bikini top. The picture was captioned "Meet Amy. AGE 24, PROUD MOTHER TO JAKE AGE 1 YEAR "MY ONLY REGRET IS MY REDUCED BUST SIZE AFTER BREAST FEEDING!". A picture on the right showed the same woman with bigger breasts smiling in a bikini top. This picture was captioned "Meet Amy. AGE 24, PROUD MOTHER TO JAKE AGE 1 YEAR AND LOVING EVERY BIT OF HER NEW GORGEOUS BUST SIZE."

Issue

Two complainants objected that the ad was offensive and irresponsible because it played on the insecurities of new mothers worried about the effects of child birth and breast-feeding on their bodies. One complainant objected that the ad was offensive because the change in the woman's apparent mood suggested that the changes in physical appearance that having children can cause would result in depression which could only be lifted by cosmetic surgery.

CAP Code (Edition 11)

Response

The Harley Medical Group Ltd (THMG) said they took patient care extremely seriously and all potential patients who enquired about cosmetic surgery were given an extensive consultation. They said they did not employ sales people, only specially trained nurses who carried out a detailed medical history with the patient. They said that THMG did not accept any patients with a history of depression or psychological illness. They said, if the nurse deemed it necessary, they would request a full report from the patient's GP or ask the patient to undergo a psychiatric assessment. They said all consultations also involved discussion with an experienced plastic surgeon, and that the decision to accept or reject someone as a candidate for cosmetic surgery ultimately rested with the surgeon. They said they advised women to have their families before undergoing breast augmentation and said they did not perform such surgeries on women immediately after childbirth.

The advertisers explained that breast augmentation was one of the most popular and common female cosmetic surgery procedures carried out by the Harley Medical Group. They said, in their experience one of the most common reasons for women to seek either a breast augmentation or a breast uplift (Mastopexy) was a desire to return to the figure they had possessed before giving birth. They said "Amy" was a real patient and the ad featured her real-life story. They said the ad made it clear that "Amy" had had her surgery when her son was a year old. They said they had received many positive telephone calls about the ad from women who found it comforting to know they did not have to feel guilty about wanting their original shape back post-baby. They expressed the view that the ad had had an empowering effect on many women. They sent copies of the leaflets which formed part of the consultation process for women considering cosmetic breast surgery.

Assessment

Not upheld

The ASA acknowledged the complainants' concerns about women's relationships to their bodies and to those natural processes which resulted in bodily changes, such as ageing and childbirth, when certain "ideal" images of female beauty and appearance were  presented. We also acknowledged that depression and post-natal depression were serious medical conditions. However, whilst the image of "Amy" in the ad showed her looking slightly pensive in the "before" shot and sporting a wide smile in the "after" shot, we considered this was unlikely to be interpreted by most consumers to indicate that "Amy" was seriously depressed "before" and that her depression was lifted after cosmetic breast surgery, but rather that "Amy" was pleased with her new bust size. We acknowledged that the portrayal of "Amy" as a new mother who was concerned about her reduced breast size after breast-feeding was something that could potentially play on the insecurities of new mothers. However, we were satisfied that the consultation process at THMG was sufficiently robust to ensure new mothers who might be suffering from depression did not rush into cosmetic surgery as an attempted solution. We concluded that the ad was unlikely to cause serious or widespread offence or be seen to be irresponsible.

We wish to remind THMG the strapline "GORGEOUS BREASTS JUST GOT EASY WITH COSMETIC SURGERY" was the subject of a previous ASA ruling, which concluded that an approach promoting a surgical operation as "EASY" was irresponsible and misleading. We welcomed THMG's assurance that the claim was no longer being used.

On this point we investigated the ad under CAP Code clauses 2.3 (Social responsibility) 5.1 (Taste and decency) 50.6 (Health and beauty - general) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Non-broadcast)