Advertisment
On the homepage of the website the following information was provided:
“Botulinum Toxin
Used cosmetically to relax muscles of facial expression, thereby softening overlying expression lines or wrinkles…”
Under the ‘Treatments’ tab one of the treatments offered was ‘Botulinum Toxin’. The same information was provided for this treatment as that referenced above. To the side of the information, on this occasion however, there was also a video entitled “Botulinum Toxin at Dr. Mulrooney Clinic” which provided information on the treatment itself.
Complaint
The advertising content came to the attention of the ASA via its monitoring programme.
The ASA Executive challenged whether the references to ‘Botox’ and ‘Botulinum toxin’ were compliant with the Code requirement that prescription only medicines may not be advertised to the public.
Response
The advertisers initially contacted the Authority to ask for clarification on the part of the website considered to be advertised incorrectly. They said they believed that the term “Botulinum Toxin,” was scientifically and medically accurate. They said the video on the website dated back to 2010.
The advertisers further stated that the Authority’s correspondence was not being ignored.
Further information:
While the Executive had previously outlined the areas of concern on the website to the advertisers, they reiterated to them that ‘Botulinum Toxin’ was a prescription only medicine, that should not be referred to in any advertising material addressed to the public.
In an additional email dated 5th March 2026, the advertisers said they were working on refreshing their website, updating content and creating new videos. They said the website update would be completed by approximately mid-April as it was dependent on multiple services.
Conclusion
Complaint upheld.
The Complaints Council noted that the advertising was to be amended, but they expressed concern at the length of time indicated in having the amendments completed. They drew attention to the fact that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Council also noted the advertisement had promoted a treatment using a prescription only medicine (‘Botulinum Toxin’), and that the Code required that “Prescription-only medicines may not be advertised to the public”. In view of the fact that a prescription only medicine was advertised”, the Council concluded that the advertisement was in breach of Code Sections 3.10 and 11.16.
Action Required:
The advertisement should not be published in the same format again.
The Council reminded the advertisers that the adjudication applied to all media.
