Ad description
An Instagram post by Birmingham Aesthetics, @bee_enhanced, seen on 26 April 2023, featured a caption that stated, “We offer dissolving at Bee Enhanced […]”. Further text stated, “This can be for” before the bullet pointed text “Lumps”, “Migration” and “Change of technique”, as well as further text “Message us for an assessment if your [sic] unhappy with your filler currently and we can have a face to face assessment […]. Check out our highlights for the prices of packages including dissolving […]”. The image featured the heading “HYALURONIDASE” above text that stated, “Hyaluronidase (the enzyme that dissolves filler) contains bee venom […] if you are allergic to bees or wasps, it is paramount you let Nurse Bronte aware prior to any filler treatments. This is to reduce risk of anaphylaxis should you need an elective or emergency dissolve”. A pack shot of the medicine Hyaluronidase was also included, alongside the text “BOOK YOUR DISSOLVE & REFILL TREATMENT”.
Issue
The complainant challenged whether the ad breached the Code because it advertised a prescription-only medicine (POM) to the public.
Response
Bronte Ryan t/a Birmingham Aesthetics acknowledged the complainant’s concern. Prior to receiving the complaint, they were unaware that the CAP Code prohibited advertising POMs to the public. They explained that the ad was based on a template that had been automatically generated by a software application, and that their intent had not been to promote the medicine itself, but rather to inform customers that hyaluronidase was a potential allergen. They said that they had removed the ad and would ensure that their future posts complied with the Code.
Assessment
Upheld
The CAP Code stated that POMs or prescription-only medical treatments may not be advertised to the public.The ASA understood that hyaluronidase was a POM. The ad, which was visible to anyone visiting the Birmingham Aesthetics Instagram page, featured the heading “HYALURONIDASE”, as well as an image of a hyaluronidase medicine packet. In addition, the text “BOOK YOUR DISSOLVE & REFILL TREATMENT” invited users to book a cosmetic procedure that involved hyaluronidase.
We welcomed Bronte Ryan’s willingness to make changes to their advertising. However, we considered the ad promoted a POM to the general public, and therefore concluded that it breached the Code.
The ad breached CAP Code (Edition 12) rule 12.12 (Medicines, medical devices, health-related products and beauty products).
Action
The ad must not appear again in the form complained of. We told Bronte Ryan t/a Birmingham Aesthetics not to promote prescription-only medicines to the general public in future marketing materials.
