Nicole Barros Vardanega, a student at Exeter University, discusses the British government’s approach to regulating non-surgical cosmetic procedures and the potential risks to consumers.
Non-surgical cosmetic procedures have seen a surge in popularity, becoming a multi-billion-pound industry in the UK. It’s crucial to differentiate between non-surgical and surgical procedures, as they entail varying degrees of risk for consumers. The market for non-surgical procedures is projected to be worth £11.7 billion by 2026, driven largely by the rise in Botox and filler treatments. According to Statista, Botox was the most common non-surgical procedure globally in 2022. A new trend of ‘preventative Botox’ among those in their 20s is emerging, aimed at preventing aging rather than just reducing its visible signs. The UK government attributes the popularity of these procedures to their increased accessibility and affordability.
The 2015 Act is a general legislation that protects the rights of all UK consumers. It is crucial to note that non-surgical procedures are often conducted under a contract, whether written, oral, or implied, and these business-to-consumer contracts may fall under the 2015 Act.
Unlike England, Scotland and Wales do not have an age restriction for Botox and filler treatments, allowing those under 18 to receive them. This has led to significant criticism, with the British Association of Cosmetic Nurses (BACN), the largest professional association for nurses in the UK, calling Scotland’s regulations the worst in Europe. This discrepancy has resulted in children from England traveling to Wales and Scotland for non-surgical cosmetic procedures. There is a clear need for legislation in Wales and Scotland. Why is it important to make licenses mandatory? Currently, the law does not require licenses for Botox and filler procedures, leading to a decrease in practitioners obtaining them. A University College London (UCL) study found that approximately two-thirds of those administering injectables do not have a medical qualification. The absence of mandatory licensing is problematic as it jeopardizes consumer safety. Licensed professionals are held to higher standards by the General Medical Council and must keep their medical knowledge current to comply with revalidation processes. Practitioners must revalidate their licenses every five years, which is vital as complications from procedures, even minor ones like Botox, can have lasting negative psychological and emotional effects. Counterfeit products can also cause harm, with victims reporting blurred vision, difficulty breathing, slurred speech, and social embarrassment. The Centre for Disease Control and Prevention (CDC) reported that 17 women suffered harmful reactions to misused Botox, with 11 hospitalizations. The necessity for licenses is highlighted by organizations like Save Face, which received nearly three thousand complaints related to cosmetic procedures in 2022. Two-thirds of these complaints were about fillers, and nearly one-fourth about Botox. This alarming statistic questions the government’s relaxed approach to regulating non-surgical procedures and raises doubts about the confidence UK citizens should have in undergoing these treatments. Want to write for the Legal Cheek Journal? Find out more.The regulation of non-surgical procedures has fallen to the bottom of the government’s agenda on cosmetic procedures. Since 2019, twenty-eight Britons have died from cosmetic procedures in Turkey. This has dominated the conversation around the safety of cosmetic work and the government is currently working with Turkish authorities to prevent any further deaths. However, collaboration with the Turkish government, attempting to persuade them to regulate their lucrative health tourism industry, may be a challenging task. In the meantime, the British government should take a closer look at our own regulation of cosmetic procedures and ask itself how it can better protect those undergoing non-surgical procedures in the UK. Nicole Barros Vardanega is a final-year Law LLB student at the University of Exeter. She is interested in the construction and infrastructure sector and regulatory law. Outside of her law degree, she actively participates in university societies and recently founded the Current Affairs and Business Society. The Legal Cheek Journal is sponsored by LPC Law.
