Health

The advertisement featured an image of a pregnant woman with her hands folded across her abdomen. The text to the left of the image provided the following information:

“What sets our Egg Donation Program Apart?”
Included in the various reasons was the following statement:

“…We guarantee 2 Blastocyst Embryos*”
The asterisk was linked to the following information:
*Should only 1 Blastocyst(1) Embryo be produced, a credit of €1,000 applies. Should no Blastocyst Embryos be produced, the second set of eggs will be provided at no charge. If a third set of eggs is provided but no Blastocyst Embryo is produced, we will refund 50%. For more information…”

(1) A blastocyst is a cluster of dividing cells made by a fertilised egg. It’s the early stage of an embryo. A blastocyst is one step among many that lead to a pregnancy. A blastocyst forms about five to six days after a sperm fertilizes an egg.
Source: https://my.clevelandclinic.org/health/body/22889-blastocyst#:~:text=A%20blastocyst%20is%20a%20cluster,a%20sperm%20fertilizes%20an%20egg

The complainant said that while the advertisement had referred to the fact that the clinic guaranteed 2 Blastocyst Embryos, the asterisked information had contradicted this by referring to the fact that “Should only 1 Blastocyst Embryo be produced, a credit of €1,000 applies.” The complainant said when they queried what was being offered, they were informed that there was no guarantee with fertility. The complainant considered that if there was no certainty in relation to the production of 2 Blastocyst Embryos, then the word ‘Guarantee’ should not be used.

The advertisers said that the use of the word “Guarantee” was common practice and a Fertility Industry standard, both in Ireland and abroad. It was used to describe the contents of the specific Egg Donation Packages to inform patients about what was included in the full listed price and to help them compare packages across the industry. They said it was also a term that patients were familiar with in relation to Egg Donation Packages.

The advertisers referred to other specific clinics that used the same terminology, but said they considered that their clinic went a step further by explicitly listing the refunds offered should the Two Blastocyst Guarantee of the full price package not be achieved.

Complaint Upheld.

The Complaints Committee considered the detail of the complaint and the advertisers’ response.

The Committee considered that the phrase “We guarantee 2 Blastocyst Embryos” was contradicted by the disclaimer which indicated that the treatment might not result in 2 blastocysts. They considered therefore that the use of the word ‘guarantee’ had the potential to mislead and to exploit the lack of knowledge of consumers. In the circumstances, the Committee concluded that the advertising was in breach of Sections 4.1, 4.4, of the Code.

ACTION REQUIRED:
The word ‘guarantee’ or similar should not be used in advertising for fertility services where owing to the nature of the service, guaranteed outcomes were not possible to predict.