Advertising Standards Authority clamps down on advertising of botox treatments

As per the Medical Council, Botulinum toxin, or botox, is considered a prescription only medication in Ireland. File picture

The Advertising Standards Authority (ASA) has clamped down on the promotion of cosmetic injectables in its latest complaints bulletin, seeing 13 providers flagged for breaches of its code.

The ASA’s Independent Complaints Council upheld 23 cases in full in its most recent complaints bulletin, spanning advertisements across social media, online, in-store, and direct marketing from well-known companies such as Electric Ireland.

While the bulk of the 23 upheld cases related to the promotion of anti-wrinkle injections, or Botox, the ASA also flagged advertising material that was considered misleading, lacked disclosure, and promoted irresponsible alcohol consumption.

One complaint related to a promotional video posted to the social media platform X by VisitGalway.ie.

The video featured an Irish comedian sitting on a wall in Connemara drinking a glass of poitín, with the following statements made:

“So, to me, poitín, apart from being a beautiful drink when it’s made right, is also a great metaphor for Connemara, in that it's independent. There's many a decent man toothless but has ended up in psychiatric hospitals, drinking this from the age of about seven.” 

The complainant raised the issue that the message delivered in the video not only glorified alcohol consumption, but also made light of the over-indulgence of alcohol, claimed that alcohol had therapeutic properties, and suggested that children as young as seven consume alcohol.

In response to the complaint, VisitGalway.ie stated that it is not an official tourism agency, that they are individuals sharing their love for Galway, and therefore they were not advertisers.

They also said that the content was created by a separate creator and that they had reshared it.

However, the ASA, while noting that the post had been removed, required that the advertisement should not appear in its current form again and reminded advertisers to ensure care when sharing content that featured or referred to alcohol.

Misleading marketing

Another complaint related to a misleading marketing promotion issued directly to customers by Electric Ireland, where the company advertised an 18% discount on renewed contracts under its EnergySaver Plan.

The complainant highlighted that, upon enquiring about their current rate, they found the new discounted promotion was actually higher than their existing rate, which they considered misleading.

Electric Ireland stated that once customers completed their 12-month contract, they were transitioned from a discounted promotional electricity rate to the ValueReward Plan, which was their standard pricing plan.

The ASA said the overall impression of the advertisement could be misleading and therefore was in breach of Sections 4.01 and 5.05 of the Code, requiring the advertisement to not reappear in its current form.

Among the 13 upheld cases relating to the promotion of Botox, the ASA challenged whether all advertisements from KBM Dental, Kerry Skin Clinic, The Dr Mulrooney Clinic, Ziya Skin Clinic, The Wicklow Street Clinic, The Skin Clinic Drogheda, South William Clinic, DermaSkulpt, Chocolate Hair and Beauty Group, Kildare Derma Clinic, Anti-Wrinkle Ireland (AWI), Ireland’s Toothfairy, and the Sculpture Clinic were compliant with the code requirement that prescription only medicines (POM) may not be advertised to the public.

According to Section 11.16 of the Code of Standards for Advertising and Marketing Communications in Ireland, “prescription-only medicines may not be advertised to the public”, and as per the Medical Council, Botulinum toxin is considered a POM in Ireland.

In all 13 cases, the ASA ruled that the advertisement should not be published in the same format again, with no further action required, where some had already amended their promotional material.