Background
Summary of Council decision:
Two issues investigated, both of which were Upheld.
Ad description
Three ads for Elite Aesthetic Clinic Ltd t/a Elite Aesthetic, a clinic offering beauty and wellness procedures:
a. A post on Elite Aesthetic’s Facebook page, seen on 21 April 2022, stated, “If you're plagued with severe sniffles, sneezing, watery eyes and an itchy throat as soon as warmer weather arrives – and medicines and nasal sprays don't give you any reprieve – the hay fever injection could be the solution you're looking for then [sic] Appointments available Monday-Friday. Late evenings Wednesday & Thursday. Book your consultation with the team.”
b. A post on the advertiser’s Instagram page, also seen on 21 April 2022, featured the same text as ad (a).
c. A post on the advertiser’s Instagram page, seen on 20 March 2022, featured an image of a woman holding a tissue over her nose. Superimposed text on top of the image stated, “DON’T SUFFER WITH HAY FEVER … Hay Fever Clinic” Text in the body of the post stated, “Extra clinic dates and times NOW AVAILABLE. Book now
https://eliteaestheticclinic.co.uk/products/kenalog%e2%84%a2-hay-fever-injections #hayfever #hayfeverinjections #hayfeversucks #hayfeversymptoms #clinic #booknow”.
The link directed to a page on the advertiser’s website that provided information about Kenalog injections for hay fever. No other hay fever treatments were referenced on the page.
Issue
1. The ASA challenged whether ads (a) and (b) breached the Code because they advertised “hay fever injection”, an indirect reference to Kenalog, a prescription-only medicine, to the public.
2. The complainant challenged whether ad (c) breached the Code because it advertised Kenalog, a prescription-only medicine, to the public.
Response
1. & 2. Elite Aesthetic Clinic Ltd t/a Elite Aesthetic said at the time of posting the ads, they had believed that the term “Hay fever injection” would be permitted within the advertising code, as they did not specifically mention Kenalog.
They said the ads were based on promoting a medical consultation and not the treatment. They said their usual process allowed patients to book the treatment. The initial appointment, however, would be a consultation, where they would discuss all their possible treatment options. They said after reviewing their website, they understood how consumers would get the impression that Kenalog injections were the only treatment available.
They said they had since removed the ads from social media and said they would amend their website to include tips to address the symptoms of hay fever without the need for prescription-only medicines.
Assessment
1. Upheld
The CAP Code stated that prescription-only medicines or prescription-only medical treatments must not be advertised to the public.
We understood that the hay fever injection, Kenalog, was a prescription-only medicine.
Ads (a) and (b) stated, “If you're plagued with severe sniffles, sneezing, watery eyes and an itchy throat as soon as warmer weather arrives – and medicines and nasal sprays don't give you any reprieve – the hay fever injection could be the solution you're looking for … Book your consultation with the team” and were visible to anyone visiting Elite Aesthetics’ Instagram and Facebook pages. We considered the text “hay fever injection” was an indirect reference to Kenalog.
Ads (a) and (b) included references to a “consultation”. Whilst advertisers of online clinics could promote medical consultations, they must not suggest that a consultation would result in a specific prescription-only medicine being offered. We noted that hay fever injections were the only treatment referred to in the ads and considered therefore the ads had a clear implication that consultations would result in the consumer being prescribed Kenalog.
Because the ads promoted a prescription-only medicine to the general public, we concluded that they breached the Code. We welcomed Elite Aesthetic’s assurance that they had removed the ads.
On that point, ads (a) and (b) 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, medical devices, health-related products and beauty products).
2. Upheld
Ad (c) stated, “Don’t suffer with hay fever … Hay Fever Clinic” and provided a link for people to “Book now” alongside further hashtags that included “#hayfeverinjections”. As stated in Point 1, we considered that the reference to “hay fever injections” was an indirect reference to Kenalog. We also noted that the link to the advertiser’s website included a reference to “Kenalog” in its url and that the ad contained no references to any other hay fever treatments.
We understood that the link directed to a page on the advertiser’s website that explained about the use of Kenalog as a hay fever treatment. No other hay fever treatments were referenced on that page.
We therefore considered that the ad had a clear implication that an appointment at the Hay Fever Clinic would result in the consumer being prescribed Kenalog. Because of that, we considered the ad promoted a prescription-only medicine to the general public and concluded that it breached the Code.
On that point, ad (c) 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, medical devices, health-related products and beauty products).
Action
The ads must not appear again in their current form. We told Elite Aesthetic Clinic Ltd t/a Elite Aesthetic not to promote prescription-only medicines to the general public in future.
