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Regulators are likely to increase their focus on the regulation of the cosmetic and ‘wellness’ sector; not least on how this sector is increasingly fusing with medical tourism and package holidays. According to the British Beauty Council, the cosmetic and personal care sector supported a total GDP contribution of £24.5 billion in 2022.
In April 2022, the Health and Care Act 2022 introduced the power to introduce a licensing regime for non-surgical cosmetic procedures in England. The purpose of the scheme is to ensure that consumers can be confident that the treatment they receive is of a high standard.
With this domestic background and increasing concern about poor quality cosmetic treatments both home and abroad, travel operators should heed the enforcement picture and take particular care when offering cosmetic package holidays or packages linked to the provision of cosmetic interventions.
Indeed, the Advertising Standards Authority (ASA) has recently turned its attention to the marketing of cosmetic treatment abroad – and issued an enforcement notice threatening action against providers who breach advertising codes and standards after 29 February 2024.
Recent ASA decisions highlight how travel operators could find themselves subject to criminal enforcement action under the Package Travel Regulations (PTR) 2018 or the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) by involving themselves in any marketing of cosmetic tourism services which could be regarded as misleading.
Advertising is regulated by reference to the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) and associated guidance which sets out a number of principles. The following are key here:
The ASA Enforcement Notice sets out the following guidance:
Guidance #1 - Do not trivialise the decision to undergo cosmetic surgery: The decision to undertake an invasive medical procedure is a serious one. Marketers must therefore ensure that cosmetic surgery is always be portrayed as something that requires time and thought from consumers before proceeding:
Guidance #2 Manage expectations: ensure transparency around any packages, consultations, and potential risks & results of cosmetic surgery: Advertisers must be careful not to mislead by omitting any material information that consumers would need in order to make an informed decision in relation to undertaking cosmetic surgery.
Guidance #3 Ensure you advertise in a socially responsible manner: Advertisers must ensure that cosmetic surgery procedures are advertised in a socially responsible manner:
Guidance #4 Exercise caution around promotions The CAP Code does not prohibit promotional marketing in this sector – cosmetic surgery advertisers are allowed to offer discounts and even sales on their products and services, whether abroad or in the UK. That said, care should always be taken with any promotional marketing for cosmetic surgery:
Trading Standards have the responsibility for enforcing PTR 2018 and CPR 2008 and travel providers should be aware of their criminal liabilities should they be found guilty of providing inaccurate or misleading information to consumers. The CPRs prohibit misleading descriptions that cause, or are likely to cause, the average consumer to take a 'transactional decision' they would not have taken otherwise. This does not only relate to pre-shopping but includes after-sales. Reference is likely to be made to the ASA decisions and Enforcement Notice Guidance when considering action.
Whilst cosmetic and medical tourism thrives, supporting businesses and no doubt making some people very happy – there is an urgent need for marketing to be realistic and responsible. Time for travel operators to give their adverts something of a facelift perhaps.
For further information please contact Seray Genc or Tom Walker.