The Norwegian Health Authority, the Norwegian Medicines Agency and the Norwegian Medicines Agency Consumer Protection as part of joint surveillance activities, they detected a significant part of illegal marketing carried out by clinics offering cosmetic treatments.
"It's serious, unethical and illegal," says Bente Øverli, director of the Norwegian Consumer Protection Authority.
A total of 40 clinics have received letters from at least one regulator to remove illegal advertisements, and two clinics have received notices of infringement charges. 10 clinics received letters from more than one inspectorate because they are operating in violation of several different regulations.
As part of the surveillance action "Injection Action", large amounts of illegal advertising of cosmetic procedures were detected on social media and on clinic websites.
“What we have now seen in our collective action is both serious, unethical and illegal. We find it particularly worrying that social media marketing of clinics is targeting a young and potentially vulnerable group, says Bente Øverli, department director at the Norwegian Consumer Protection Authority.
All three agencies now expect the clinics to review the regulations and clean up.
Gross violations
It is illegal to market prescription drugs such as botulinum toxin (e.g. Botox, Azzalure, Vistabel). For example, a clinic cannot post a TikTok video of someone getting Botox injections. During our oversight activities, we found several such examples.
Advertising of cosmetic procedures using medical equipment, such as lip fillers, is legal, but there are clear limits to which claims and measures can be used.
For example, you cannot:
- show before and after photos
- use negative phrases for natural body variations
- not inform about possible dangers
The action revealed that many people break the law on these points. It is also common for injectable products to be placed on the market for purposes other than those described in the instructions for use of the medical equipment and outside the approved area of use of the medicinal products. It is also strictly illegal.
Marketing should also not be offensive, create prejudice against normal body differences, or contribute to body pressure among children and young people.
Affects juveniles - contributes to body pressure
The Norwegian Consumer Protection Agency has sent letters to a total of 34 clinics they believe are engaged in illegal marketing on TikTok and Instagram. The findings are serious because they concern minors.
– Children and young people must not be exposed to advertising messages about how they can change their appearance with cosmetic procedures when they are on social media. Such marketing can contribute to body pressure and is illegal, says Øverli.
Oversight activities revealed many examples of marketing using tools appealing to children, such as humor, music, filters, emoticons, discounts and the like.
– When marketing is published uncensored also on platforms that are mainly used by children and young people, the road to breaking the law is short – points out Øverli.
The financial penalty
The Norwegian Medicines Agency has sent letters to seven clinics that they believe do not comply with regulations regarding their marketing on websites and social media. Two clinics suffered such serious breaches that the Norwegian Medicines Agency reported infringement charges of around NOK 800.
The Norwegian Medicines Agency conducted a similar campaign last summer, during which it was discovered that several clinics were engaged in illegal marketing. They received a decision to stop illegal advertising and mandatory fines. This year's control action is a continuation of last year's findings and received instructions.
“It is very disappointing that we still see so much illegal advertising. We devoted a lot of resources to running the industry in the period after last year's campaign. We are now warning against the use of stricter sanctions, such as infringement fees, says unit manager at the Norwegian Medicines Agency, Unni Hjelmaas.
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Health professionals create unhealthy ideals
The Norwegian Health Authority also found clear violations of the law in all 10 clinics they investigated during the campaign. Several clinics used in their marketing, among other things, before and after photos of cosmetic procedures and valuable terms such as "gummy smile" or "mommy belly".
“These are marketing methods that can lead to physical pressure and are illegal,” says Norwegian Health Authority department director Anne Myhr.
Medical staff is often behind the marketing of cosmetic procedures.
– We take very seriously the fact that medical staff contributes to creating the ideal of an unhealthy body, especially among young people. Healthcare professionals need to be especially careful in designing the marketing of cosmetic procedures so that it does not target minors or contribute to body oppression among children, Myhr says.
Clinics investigated by the Norwegian Health Authority have been notified of orders to remove illegal marketing.
– Moreover, we want to take a closer look at the doctor who works as doctor in many clinics. We want to check whether he acts professionally and takes care of patients in a satisfactory manner, says Myhr.
Collaboration was important
This is the first time the agencies have joined forces for such an action. Cooperation was important as these three agencies have adjacent oversight functions.
“It is very good that agencies are doing this to detect unscrupulous players who play under physical pressure against children under 18. This is important work and we have made changes to the laws and regulations regarding cosmetic procedures, injections and the marketing of such procedures to children under 18, says Minister of Health and Welfare Ingvild Kjerkol.
The Ministry of Children and Families is concerned about what children and young people are exposed to on social media.
“Social media is not empty spaces. Children and young people should be protected from illegal marketing, and this applies, of course, to TikTok, says Minister for Children and Families Kjersti Toppe.
– The government has launched a review of consumer protection in digital media. We are looking at whether the rules and their enforcement can be even more effective. The results of this exercise will provide useful information on what needs to be done to strengthen consumer protection in relation to children. I want to look at what we can learn from this work both in terms of advertising that contributes to body pressure and other digital media marketing, says Toppe.
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Source: Forbrukertilsynet
