Background
This Ruling forms part of a wider piece of work on ads for liquid BBLs (Brazilian Butt Lifts), identified for investigation following intelligence gathering by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Instagram ad for Dr. Ducu, a cosmetic treatment provider, seen in November 2024. The ad featured a carousel of images with text that stated, “BLACK FRIDAY 11TH TO 30TH NOVEMBER”. One of the images included text that stated NON SURGICAL DBL 40% OFF BOOK NOW”. A caption stated, “Safe and effective, our treatments come with no downtime and minimal discomfort. Your safety, comfort and trust are our top priorities”.
Issue
The ASA challenged whether the ad was irresponsible because:
- the time-limited “Black Friday” offer pressured consumers into booking a cosmetic procedure; and
- the claim “Safe and effective, our treatments come with no downtime and minimal discomfort” trivialised the risks of cosmetic procedures.
Response
- NKD Medical Ltd t/a Dr. Ducu said that they would ensure they followed the ASA’s rules and guidance. They said that the time-limited “Black Friday” offer was intended to provide consumers with an opportunity to access their services at a discounted rate during a widely recognised shopping event, and that they always encouraged consumers to make informed decisions without pressure.
- They said that the claim “safe and effective” accurately represented their services. They said that they aimed to communicate the benefits of their treatments, whilst also ensuring that they did not trivialise the potential risks involved.
Assessment
1. Upheld
The CAP Code required marketing communications to be prepared with a sense of responsibility to consumers and to society. The ad was a Black Friday promotion for “liquid BBLs” (Brazilian Butt Lift) and other cosmetic procedures. It promoted a Double Butt Lift (DBP) procedure, which we understood was a very similar procedure to a BBL. We understood that a liquid BBL involved the injection of dermal filler into the bottom to enhance its volume and shape. We understood from guidance from the Joint Council for Cosmetic Procedures that liquid BBLs were considered to be surgical procedures, which carried a level of risk. We considered that, although it would not have necessarily been irresponsible to offer promotions for procedures, marketers would need to take particular care when administering them. Undertaking cosmetic surgery should be portrayed as a decision that required time and thought from consumers before proceeding, because of the risks involved.
We understood that “Black Friday” referred to a specific day in the year when many businesses offered promotions. Because promotions often only lasted for several days or weeks around that day, we considered consumers would understand references to Black Friday to mean that the opportunity to take up the offer was time limited. We considered the phrases “BLACK FRIDAY 11TH TO 30TH NOVEMBER” and “NON SURGICAL DBL 40% OFF” created undue emphasis on the limited time frame of the promotion. We considered that was likely to lead consumers to fear that they would miss out on the offer if they did not book quickly.
In that context, we considered that consumers could be rushed into making a decision to have cosmetic surgery without taking sufficient time to consider the consequences. Because the ad created a sense of undue urgency to book a cosmetic procedure quickly, we considered that it had not been prepared in a socially responsible manner and therefore breached the Code.
On that point the ad breached CAP Code (Edition 12) rule 1.3 (Social responsibility).
2. Upheld
CAP Guidance on cosmetic interventions stated that marketers should not trivialise such procedures or suggest they could be undertaken lightly, because it was likely that all such interventions would carry some level of risk to the patient, such as infections. It was therefore important that marketers presented such procedures responsibly in their advertising.
The ad referenced a number of cosmetic procedures, including liquid BBLs, alongside the claim “Safe and effective, our treatments come with no downtime and minimal discomfort”. The ad focused on the end results shown in the photo and the 40% off Black Friday promotion. We considered that gave the overall impression that there were minimal medical risks or pain involved in the DBL procedure. We considered that the ad’s focus on potential price savings and the stated safety and “minimal discomfort” of the procedure created a trivial tone which detracted from the seriousness of the procedure. That impression was further added to by the claims that consumers should act quickly so that they didn’t miss out. Overall, the ad implied that the decision to have the DBL procedure was one that could be taken lightly and quickly without consideration of the risks involved. Because the ad detracted from the seriousness of the decision to undertake a cosmetic intervention, we concluded that it trivialised the risks of the surgery and was socially irresponsible.
On that point, the ad breached CAP Code (Edition 12) rule 1.3 (Social responsibility).
Action
The ad must not appear again in the form complained of. We told NKD Medical Ltd t/a Dr. Ducu to ensure that future ads did not pressure consumers into booking, or trivialise the risks of, cosmetic procedures.
