BUSINESS

CONTENT COMPLIANCE

Lisa Kelly explains how you can check if your website and social media content is legally compliant

What you can say about skin treatments, and how you say it, is tightly regulated by the Advertising Standards Authority (ASA), which is beginning to take a much more aggressive enforcement stance than it has in the past. Your potential legal exposure comes from breaching the CAP Code, BCAP Code, and for treatments that address specific medical conditions, such as acne, per the Medicines and Healthcare products Regulatory Agency (MHRA).

Breaches of these regulatory requirements can result in mandatory withdrawal of content, referral to Trading Standards and damage to your professional reputation.

PRESCRIPTION ONLY MEDICINES (POM)

The direct and indirect use of advertising and marketing of prescription drugs like “Botox, Dysport, Kybella/Belkyra (Deoxycholic Acid)” is illegal. This means you cannot promote drugs like Botox by name in your treatment descriptions, offer discounts or include the name of any prescription drug in any of your promotional materials. This applies to your website and social media.

TREATMENT DESCRIPTIONS

The words you use to describe your skin treatment are also tightly regulated. In short, you are not allowed to make any claim about the efficacy of a treatment unless it can be supported by evidence, typically published peer-reviewed data.

Below are common phrases found on many websites that are not allowed under current legislation.

• “Guaranteed results” or any variation

• “Permanent results” for any non-permanent treatment

• “Risk-free” or “completely safe”

• “Clinically proven” without evidence

• “Eliminates”, “removes”, “eradicates” when referring to skin concerns (unless clinically proven and documented)

• Medical claims for cosmetic treatments: e.g., ‘treats rosacea” vs “improves the appearance of redness”

• Exaggerated outcome language

• “No downtime” as an absolute claim

What is permitted is to provide information on the types of concerns your clinic can address without naming specific medicines and, more importantly, that a consultation is required before any treatment can be provided.

TESTIMONIALS

The ASA also has detailed rules regarding how you can use testimonials. They must be the honest opinion of the person giving them and not make claims of fact that require substantiation. A testimonial that says “This treatment removed my wrinkles completely” is making a factual claim that triggers the same evidentiary requirements as if the clinic had made it directly. If you have paid for the testimonial, whether for free services or for money, you must declare this in the testimonial.

IMAGERY

Before-and-after images are the most actively litigated areas of aesthetic clinic marketing. If the images have been altered through editing, enhanced lighting, or makeup to show a result that does not reflect typical treatment outcomes, it falls outside what is permissible. Both the before and after images must be taken from the same angle, using the same lighting conditions, and accurately reflect the results the treatment can produce.

You cannot use AI-generated images as real outcomes, images that imply social or romantic success or “ideal body” imagery that promotes unrealistic expectations. All images should carry a caveat that “results may vary”

PRICING AND PROMOTIONAL LANGUAGE

Staying on the right side of the law when creating a “marketing offer” also requires careful use of language. Many of the established practices, while not strictly illegal, are frowned upon. It is recommended that the language that creates artificial urgency, like “Today Only”, or incentives that create financial pressure to act quickly should be avoided.

STAYING ON THE RIGHT SIDE OF THE LAW

Demonstrating trust and credibility is a better conversion tool than using exaggerated or false claims and ultimately is the best way to make your clinic stand out. Staying compliant while differentiating your clinic need not be an overwhelming challenge. The technique website industry designers use is to use “benefits” language rather than medical. This means shifting the language to what the treatment does for a condition.

The consultation-first model is the most compliant and profitable approach. It qualifies clients before commitment, sets appropriate expectations, and begins the clinical relationship on the right footing.

LISA KELLY

Lisa Kelly is the founder of Websites For Clinics by Salon Solutions, industry experts helping aesthetic clinics, doctors, dentists and nurses attract new clients and generate new bookings to grow their clinic business.