In recent years, the provision of private aesthetic treatments within pharmacy settings has grown in popularity. In response to an increasing demand for such treatments, an increasing number of pharmacists are now expanding their services to include cosmetic procedures, such as dermal fillers, anti-wrinkle injections and skincare consultations. While diversification offers new (much-needed) revenue streams and meets growing consumer demand, it is crucial that pharmacies operating in this space ensure patient safety and maintain professional standards.
Ethical and compliant promotion
On 20 August 2024, Nadine Poole was fined by Lisburn Magistrates' Court for unlawfully posting online advertisements for the provision of prescription only medicines and possessing unlicensed prescription medicines for onward supply.
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Ms Poole had published online advertisements on her ‘Doll House Beauty’ social media pages, which promoted the use of the prescription only medicine, Botox, which is a registered trade mark of Allergan, Inc.
This conviction acts as a warning to those operating cosmetic clinics or providing aesthetic services, whether they are regulated professionals, such as pharmacists, or not. Websites, print and social media materials must be regularly reviewed to ensure that they remain compliant with applicable law, regulations, codes and guidelines.
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Stating the name of a particular prescription only medicine (POM) and using its trade mark, such as Botox®, or its generic form, botulinum toxin, goes against Rule 12.12 of the Advertising Standards Authority (ASA) CAP Code, which expressly states that prescription only medical treatments may not be advertised to the public.
It is also an offence under the Human Medicines Regulations 2012 to in any way promote the prescription, supply, sale or use of a POM. Further, the intellectual property rights (IPRs), including trade marks belonging to a third party, should only be used with the rights owner’s express permission.
An indirect reference to POMs can also cause issues. A prime example is the recent enforcement action taken by the ASA CAP Compliance team related to weight loss medicines, where companies had marketed wight loss POMs to the public as ‘skinny pens’ or ‘skinny pills’.
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While pharmacy medicines, including those categorised as ‘over the counter’ (OTC) medicines, can be advertised, the regulations are clear that POMs cannot be advertised to the public and that ads for POMs breach the CAP Code and Human Medicines Regulations 2012.
Promote the consultation service, not the POM product
Pharmacists and regulated professionals must ensure that they comply with the MHRA’s guidelines concerning the use of medical devices and POMs, which includes adhering to protocols for prescribing, storage and administration.
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To avoid being accused of promoting named POMs, pharmacists and regulated professionals should emphasise their expertise and focus on promoting the service which forms the basis of the consultation in relation to a particular medical condition rather than any specific POM that may be prescribed as a consequence of such consultation.
Training
Before you start offering treatments, you should consider appropriate training courses in aesthetic procedures. These courses should cover both the theoretical and practical aspects of treatment and include how to manage complications. It’s also important to stay up to date with ongoing training to ensure patient safety.
Promotional materials and advertisements
As well as avoiding the advertisement of POMs, all promotion of aesthetic services must comply with the ASA’s guidelines, ensuring that they are not offensive or misleading and don’t make unsubstantiated claims. Full transparency with patients regarding the costs, potential outcomes and limitations of aesthetic treatments is essential to maintain trust.
Advertisements for cosmetic interventions must not be targeted at under 18s and there are a number of other ethical considerations to make. Cosmetic treatments should not be trivialised, nor should they seek to exploit customer insecurities or create unrealistic expectations.
Thorrun Govind is a solicitor at Brabners LLP, and a practicing pharmacist.
