ASA Adjudication on My Aesthetics Ltd

My Aesthetics Ltd t/a Mybreast

4 Dyers Buildings
Holborn
London
EC1N 2JT

Date:

17 December 2008

Media:

Magazine

Sector:

Health and beauty

Number of complaints:

2

Complaint Ref:

71102

Ad

A magazine ad, for My Breast, showed a woman in a bikini top running her hands through her hair. Text stated "Mybreast safe, natural results in breast enhancement". Below, text stated "The UK only [sic] dedicated breast enhancement specialist. Handpicked UK surgeons (BAAPS members). Latest implants with lifetime guaranty [sic]. Mybreast aftercare policy is second to none. Put your body in safe hands: mybody mychoice mybreast".

Issue

The Harley Medical Group and a member of the public believed the ad was misleading and irresponsible because it implied there were no risks associated with invasive surgery.

CAP Code (Edition 11)

Response

Mybreast said they were founded in 2006 by five renowned UK plastic surgeons and believed they were the only cosmetic surgery company wholly dedicated to cosmetic breast surgery and augmentation.  They believed that, with over 50 years of combined experience and knowledge, the founding surgeons were in a unique position to judge how to deliver the highest standards of care in a safe environment.  Mybreast said they undertook an average of 100 procedures a month using specialist surgeons throughout the UK, all of whom were members of the British Association of Aesthetic Plastic Surgeons (BAAPS) and many of whom were also members of the British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS).  They said their clinics and hospitals adhered to the highest quality standards in the industry and their implants were reported to be the best in modern breast implants.  They said all potential risks and complications were explained to all their patients who received a full consultation with a surgeon before their surgery.  They said no patient was accepted for surgery if the surgeon believed there was an unacceptable risk or a pre-condition that might influence the outcome of surgery.  Mybreast believed that the claim "safe" accurately reflected their service because of the standards of their BAAPS and BAPRAS accredited surgeons, the operating principles and procedures they used, the quality of their hospitals and the implants they worked with and also sent testimonials from two former patients who stated they felt "completely safe" and in "safe hands".  They also sent the results of a BAAPS survey, which they said showed that choosing a trained and qualified surgeon and a safe hospital environment reduced surgery complication risks.  

Assessment

Upheld

The ASA noted patients received a full consultation with a surgeon before being considered for surgery and acknowledged that Mybreast surgeons were accredited and experienced professionals in their field.  Nonetheless, although we considered that the claim "Put your body in safe hands" was likely to be seen to refer to the surgeons experience and level of professionalism and care, we considered that the claim "Mybreast safe, natural results ..." implied that the procedure itself was safe.  Because we understood that invasive surgery always carried some risk to the patient, we concluded that, by promoting the surgery as "safe", the claim was irresponsible and misleading.

The ad breached CAP Code clauses 2.2 (Social responsibility), 7.1 (Truthfulness) and 50.6 (Health and beauty - general).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)

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