Ad description
The Beauty a la Maison website, viewed in September 2011, included a section about "Botox parties". Text stated "With help from BOTOX your looks can be enhanced giving you a natural look with long lasting results, from smoothing away crows feet, to correcting deep folds and frown lines, resulting in a younger fresher looking you. BOTOX has been widely used in cosmetic clinics for a number of years. BOTOX is physician administered in small quantities via sterile disposable syringes, in to specific facial muscles causing them to relax (or freeze) This stops the formation of frown lines, forehead lines and crows feet, as the muscles are no longer able to flex and fold the skin in to lines. As the muscles relax, existing lines become much less pronounced. Ten days to two weeks after the injections the results are clear to see, and will last for three months to five months. BOTOX cosmetic is a purified protein produced by Clostridium botulinium [sic] bacterium, which reduces the activity of the muscles. A million plus people have been treated with BOTOX cosmetic since FDA approval in 2002, from movie stars, celebrities and models, to those of us that just want to look younger and fresher for longer ...". The page also included customer testimonials, which stated "'Since having BOTOX people have commented that i [sic] don't look so unapproachable, angry and disagreeable as i [sic] did when i [sic] had my frown lines. I now get told how happy and friendly i [sic] look, which has boosted my confidence no end!', 'I have been having BOTOX for five years now, and not only love the fact that i [sic] have no lines and wrinkles, but also that i [sic] no longer look so tired as BOTOX lifts my eyebrows slightly giving me that awake and refreshed look', 'It takes minutes and the effects are amazing, i [sic] keep looking at my smoother forehead and can't believe i [sic] waited so long, i should've done this years ago, i [sic] am over the moon with the results'".
Issue
The complainant challenged whether the ad was irresponsible, because it advertised a prescription-only medicine (POM) to the public.
Response
Beauty a la Maison said they were happy to take advice on how to amend the website.
Assessment
Upheld
The ASA noted that Beauty a la Maison offered a service where Botox was administered, rather than the product being sold directly. We considered, however, the Botox was inherent to that offering. Principally, we noted the service was called a "Botox Party". We noted claims in the ad included references to the benefits of Botox, such as "With help from BOTOX your looks can be enhanced giving you a natural look with long lasting results, from smoothing away crows feet, to correcting deep folds and frown lines, resulting in a younger fresher looking you", "This stops the formation of frown lines, forehead lines and crows feet, as the muscles are no longer able to flex and fold the skin in to lines. As the muscles relax, existing lines become much less pronounced. Ten days to two weeks after the injections the results are clear to see, and will last for three months to five months" and "look younger and fresher for longer ...", and considered those claims promoted its use to the public.
We considered that those, and other claims in the ad, went beyond balanced and factual references to the POM as a treatment option, presented in the context of the promotion of a consultation where a range of therapeutic options would be discussed. We considered that it was acceptable for a website to refer to the POM as a treatment option, presented in the context of the promotion of a consultation where a range of therapeutic options would be discussed, provided the focus was on the promotion of the consultation rather than any associated POM. We also noted the home page featured a link to the product page that included the word "Botox" and considered that to be another aspect of the ad that promoted a POM to the public, because the POM would be provided as part of the "Botox party" offering. Because it promoted the use of a POM to the public, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 12.12 12.12 Prescription-only medicines or prescription-only medical treatments may not be advertised to the public. (Medicines).
Action
The ad must not appear again in its current form. We told Beauty a la Maison to ensure they did not advertise POMs to the public in future.
