Ad description
Six Instagram posts by @tretdirect, an acne treatment provider:
a. The first Instragram post, posted 26 July 2021, featured an image with text that stated “Our Roaccutane service is fully inclusive of check-ups, prescriptions, lab tests and pregnancy tests. Start treating your Acne in a matter of weeks”. The post included the caption “We cover everything from check-ups to prescriptions and more, so you don’t have to worry about a thing! Find out more by visiting our website or clicking the link in our bio …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
b. The second Instagram post, posted 19 August 2021, featured an image with text that stated “Our at home Roaccutane service is available to anyone in the UK suffering with Acne”. The post included the caption “If you are from the UK and suffering with acne, then TretDirect is the perfect option for you. We are also proud to boast also [sic] surpasses the service that is provided by the NHS! Book in a consultation for a chat and to find out more today …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
c. The third Instagram post, posted 27 August 2021, featured an image with text that stated “Book a FREE virtual consultation to discuss Roaccutane with a UK based Doctor!”. The post included the caption “You don’t need to come and see us face-to-face for a consultation! We do them all over a video call to make your life easier. Head over to our website now to book in your slot …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
d. The fourth Instagram post, posted 31 August 2021, featured an image with text that stated “We can get Roaccutance to our patients in less than a week!”. The post included the caption “At TretDirect, we aim to be extremely responsive and move the process along as quickly as possible. After all, haven’t you waited long enough already? Book in your consultation now to find out more …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
e. The fifth Instagram post, posted 20 October 2021, featured an image with text that stated “We can save you up to 50% on Roaccutane compared to other private clinics. Book a free consultation now”. The post included the caption “Getting medication through the NHS can be difficult and expensive. With us, you can save up to 50% off Roaccutane! Learn more about Roaccutane by clicking the link in our bio …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
f. The sixth Instagram post, posted 3 December 2021, featured an image with text that stated “DM US TO BOOK IN A FREE ACNE CONSULATION TODAY AND YOU COULD BE PRESCRIBED ROACCUTANE WITHIN A WEEK”. The post included the caption “Unlike the NHS or other clinics, you don’t need to come and see us face-to-face for a consultation! We do them all over a video call to make your life easier, then get your medication to you in as little as 7 days! Head over to our website now to find out more …”. A series of hashtags included references to acne, “accutane” and “roaccutane”.
Issue
Two complainants challenged whether the ads breached the Code because they promoted prescription-only medicines (POMs).Response
Person(s) unknown t/a TretDirect said the Instagram posts were prepared by their marketing agency. They said the posts had been amended so that they complied with the Code. They asked the marketing agency to ensure future posts complied with the Code.
They said ‘tret’ was used by their target demographic as slang for ‘treated’. It was not a reference to Isotretinoin. Their target demographic referred to isotretinoin medication as ‘Roaccutane’ or ‘Accutane’.
They also said that they offered treatments other than Roaccutane and Accutane. If a patient was not suitable for Roaccutane or Accutane, topical options would be recommended and available to them.
Assessment
We were concerned by Person(s) unknown t/a TretDirect failure to provide their full name and geographical business address, which was a breach of CAP Code (Edition 12) rule 1.7.1 1.7.1 The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if requested. (Compliance). We reminded them of their responsibility to provide this information to the ASA or CAP without delay if requested.
Upheld
The CAP Code stated that prescription-only medicines or prescription-only medical treatments must not be advertised to the public. The ASA understood that isotretinoin (which had the brand names Roaccutane and Accutane) was a prescription-only medicine (POM).
Ads (a) to (f) included references to TretDirect’s virtual “Roaccutane service” for treating acne, and included hashtags that made references to “accutane” and “roaccutane”. Because the ads included direct references to the brand names of a POM, we considered they promoted POMs to the general public.
We acknowledged that the word “tret” was used in some parts of the UK to mean treated. However, in the context of an acne treatment provider that prescribed Roaccutane, we considered that consumers would understand the term “Tret” in the trading name “TretDirect”, to be a reference to isotretinoin. We therefore considered that the trading name TretDirect constituted the advertising of isotretinoin, a POM, to the general public.
Ad (a) included references to “prescriptions”. Ads (e) and (f) included references to “medication”. We noted the ads did not refer to any other treatment options and therefore had a clear implication that Roaccutane would be the outcome of a consultation. We therefore considered the terms “prescriptions” and “medication” were indirect references to Roaccutane and Accutane, and therefore promoted POMs to the general public.
Ads (b)–(f) 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 POM being offered. We noted that where there were references to “consultations” in the ads, they also included references to Roaccutane and Accutane. We therefore considered the ads had a clear implication that consultations would result in the consumer being prescribed Roaccutane or Accutane. We further considered the trading name TretDirect implied that the service provided by the advertiser was specifically a service to provide isotretinoin, and in that context, all references to “consultations” in the ads would be understood to mean that the consultation would result in a specific POM being offered.
Because the ads promoted prescription-only medicines to the general public, we concluded that they breached the Code.
Ads (a)–(f) 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 the form complained of. We told TretDirect not to advertise prescription-only medicines to the public in future, including through the use of the trading name “TretDirect”.
