eBay to clamp down on illegal online Botox promotions

eBay has agreed to remove illegal Botox adverts from its popular website after Which? discovered over 240 instances of unlawful advertising of the product in just five days. Sixteen companies and individuals were found advertising the prescription only medicine to the public, with many unaware they were breaking the law.

Following the Which? complaint, eBay, under the guidance of the Medicines and Healthcare products Regulatory Agency (MHRA), has now vowed to clamp down on these promotions, in a bid to protect consumers.

Adverts offered discount vouchers for Botox treatments and encouraged people with ‘introduce-a-friend’ offers. Others included celebrity photos and made claims such as ‘restores the look of youth and vitality’.

The complaint comes a year after previous Which? action to highlight illegal advertising to promote Botox. The letter to the MHRA and the Advertising Standards Authority has called on the regulators to take greater responsibility over the issue, introducing and implementing restrictions where necessary.

Despite its popularity, Botox is not a treatment to be taken lightly, with possible side effects if administered incorrectly, or used on those with certain medical conditions. Which? found some of the advertisements failed to mention a pre-treatment consultation where such effects could be identified and risks reduced.

Jenny Driscoll, Health Campaigner, Which? said:

“Some of the adverts may lead people to think that having Botox is as easy as getting your nails done, but it’s a powerful natural poison which can have serious side effects. We’re not against the treatment, but people need a proper consultation to make sure they don’t find themselves at risk.

“We are pleased eBay responded quickly to our complaint, and look forward to seeing positive changes on the site. The regulators need to not only clampdown on these adverts, but ensure that companies and individuals are aware that Botox advertising is illegal. As the popularity of cosmetic treatments grows, the issue must be dealt with to protect consumers.”

The ‘Advertising of Medicines: Draft Guidance for Consumer Websites’, which is produced by the MHRA, states that websites must not 'promote' a POM (prescription only medicine) or draw specific attention to a POM which would encourage individuals to request a particular treatment. It also states that “it should be clear that the consumer is being offered a medical consultation and this may or may not lead to the customer being provided with a prescription”. Regulation 7 of the Medicines (Advertising) Regulations 1994 states that advertisements for prescription-only medicines are prohibited.

Between 13 and 17 October 2008, Which? monitored all advertisements for Botox treatments on eBay.

Botulinum toxin is a prescription-only medicine that blocks the signal from the brain to the nerve endings that tell muscles to move when a person smiles or frowns. The untreated muscles will still be able to move so the person receiving the treatment will still have facial expressions.

If you are thinking of getting Botox treatment:

- Make sure you have a consultation with the person who is prescribing Botox e.g. the doctor, nurse or dentist.
- Make the most of your consultation. Make sure it is thorough and that you have provided a thorough medical history. Discuss whether it’s appropriate/suitable for you.
- Find out who’s injecting you? Ask about their qualifications and experience.
- Make sure you have the treatment in a safe place. Don’t be tempted to have injections at informal events e.g. parties. These toxin injections must be kept in sterile conditions.

For more information and advice on cosmetic treatments, log on to which.co.uk/cosmetic.