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 Facebook ad for Rejuvenate Clinics, a cosmetic treatment provider, seen on 19 November 2024. The ad featured a carousel of before and after images. Text below stated “BLACK FRIDAY NON SURGICAL BBL OFFERS. Sign up to get the discounted offer”. A caption stated “Achieve your body goals with 20% BLACK FRIDAY Discounts! Get instant results. Treat Hip Dips. Increase bum volume. Tailored treatment plan”.
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 claims “Achieve your body goals” and “Discounts! Get instant results” trivialised the risks of cosmetic procedures.
Response
Rejuvenate Academy Ltd t/a Rejuvenate Clinics said that they had not realised that their ad might have been in breach of the CAP Code. They said that they had reviewed ASA guidance and would remove all references to time-limited offers. To ensure they did not trivialise the risks of cosmetic procedures, they said that they would state in ads that the surgery was carried out by a medical professional with ultrasound to minimise risks and enhance safety. They believed this would have made consumers aware that there were risks involved. They said they would ensure future ads were compliant with the Code.
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. 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 necessarily be 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 NON SURGICAL BBL OFFERS. Sign up to get the discounted offer” and “20% BLACK FRIDAY Discounts!” created undue emphasis on the limited time frame of the promotion. We considered that was likely to lead consumers to fear 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 “Discounts!”, which highlighted the savings consumers could make. It also included the claims “Achieve your body goals” and “Get instant results”, which presented the results of the procedure in a positive light. We considered that the ad’s focus on the potential price saving and the implied “instant” results, seen alongside the before and after images, created a trivial tone which detracted from the seriousness of the procedure. That impression was further underlined by the claims that consumers should act quickly so that they did not miss out. The ad also failed to highlight that there were risks involved in the procedure, which further added to the impression that deciding to have a procedure was not a serious decision. 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 about. We told Rejuvenate Academy Ltd t/a Rejuvenate Clinics to ensure that future ads did not pressure consumers into booking, or trivialise the risks of, cosmetic procedures.
