Advertising plays a significant role in driving demand for cosmetic surgery, unlike most other regulated health services, which are primarily therapeutic. Hence, false or misleading advertisements can lead to people seeking out unnecessary cosmetic procedures with unrealistic expectations. That’s why oversight of cosmetic surgery advertising is necessary, and this blog will help you understand your obligations as a registered medical practitioner advertising cosmetic surgery.

Understanding Ahpra’s Obligations and Scope of Application

The Medical Board of Australia developed the guidelines for registered medical practitioners who advertise cosmetic surgery under section 39 of the National Law to set clear expectations for what they consider to be responsible and safe for the general public. This is because cosmetic surgery differs from other regulated health services in that it’s invasive, irreversible, and quite lucrative, and appeals more to potentially vulnerable people. Hence, advertising cosmetic surgery must be honest, realistic, and not exploitative, so that the general public is not misled. The Australian Health Practitioners Regulation Agency (Ahpra) is responsible for enforcing these guidelines.

You must also know that these guidelines are in addition to the Ahpra’s broader advertising guidelines, the Therapeutic Goods Administration (TGA) guidelines on advertising injectable treatments, and the Australian Competition and Consumer Commission (ACCC) advertising guidelines. 

The broader advertising guidelines provide sufficient context for understanding what advertising entails and who the advertiser is. Advertising is any form of verbal, printed, or electronic communication that promotes and seeks to attract a person to use a regulated health service. An advertiser is the person who authorises the contents of the advert, which is the registered medical practitioner in this case, and they’re responsible for compliance. It doesn’t matter if someone else (a third party, staff member, or marketing agency) published or drafted the content. Even if you’re a registered medical practitioner working in a company that advertises cosmetic surgery, but someone else controls the advertising, you are still obliged to ensure that the advertising remains compliant with the guidelines. 

With this regulatory context in mind, let’s examine the key restrictions that now govern cosmetic surgery advertising.

Key Restrictions: What Advertising Is No Longer Allowed

Under the new guidelines, these are no longer allowed:

Use of Testimonials or Patient Stories

Patient stories, experiences, or any positive statement about the procedure or skill of the practitioner, whether fabricated or genuine, are prohibited in cosmetic surgery advertising because they can create a false expectation of beneficial treatment. As a medical practitioner, you’re not only banned from posting these on your social media and website, but you’re also not allowed to repost the positive stories from your patients or interact with them. Wherever you don’t have control over the reviews, such as on third-party sites, you must ensure they don’t link back to your social media or website by disabling reviews, comments, or tagging functions.

No Misleading Images

Imagery has a significant influence on cosmetic surgery advertising, and that’s why the imagery usage is strictly regulated. Single images, especially those of celebrities, models, naked bodies or body parts, bodies in lingerie or swimwear, images with ‘mood’ lighting, soft filters, or black and white images, are prohibited because they can give a false impression of a surgical outcome. No images of persons under 18 years are permitted either. Furthermore, any image used to advertise cosmetic surgery must feature a prominent warning that the results are only relevant for the person in the image, and other people can have a different outcome.

Before-and-after images are commonly used in cosmetic surgery advertising, and the guidelines unsurprisingly have a lot to say about them. The first requirement is that they must be genuine images of patients of the registered medical practitioner, and the ‘before’ image should be more prominent. Moreover, they must be as similar as possible and unedited.

Medical practitioners must also always obtain fully informed consent from their patients, separate from consent to surgery, and make the intent of advertising clear to them with details of where the image will be used, how, and for how long. 

No Incentives or Inducements

You’re not allowed to offer any gifts or incentives to encourage people to have cosmetic surgery. This includes discounts offered on surgery done before a deadline, offering accommodation and spa treatment packages after a person gets cosmetic surgery, bundling multiple cosmetic procedures, or any other inducement. 

Realistic Expectation of Outcomes

You must avoid using any language that can create a false sense of expectation when advertising cosmetic surgery. Any claim you make must be backed up with reasonable, understandable and accessible evidence. Terms such as ‘magic’, sculpt’, ‘art’, ‘bikini bod’, ‘hot’, ‘get your desired shape’ are not allowed. Furthermore, advertising must always clearly state that outcomes vary from person to person and may be influenced by genetics, diet, and exercise. Your advertising must not communicate any psychological or social benefits such as improving body image, boosting self esteem are not allowed either.

Disclosure Requirements: What Practitioners Must Include

When advertising cosmetic surgery, medical practitioners must include all information about the procedure, including risks, recovery timeline, and total costs. If it’s not possible to include all the information in the advertisement, then it must direct the readers to where they can find the information. There must be no efforts to downplay potential risks or the recovery process by describing the process as ‘quick’, ‘rapid’, ‘painless’. When using imagery, patients should be clear on their right to withdraw consent at any time. They must know where images will be stored and who has access to it too.

Protecting Vulnerable Audiences and Preventing Misleading Messaging

Some people don’t have a realistic view of their body image and may seek cosmetic surgery to improve their body image or self esteem. People like these are more likely to be influenced by cosmetic surgery advertising and medical practitioners must acknowledge this fact. Advertisements must not suggest that cosmetic advertising is the only way out for individuals unhappy with their appearance. Automated apps or websites that predict an individual’s body post-procedure are prohibited too. 

Furthermore, cosmetic surgery advertising must not target people under age 18, and you must limit their exposure by classifying advertisement as ‘adult content’ on social media and avoiding publications or other media likely to appeal to them.

Penalties for Non-Compliance

Any advertising that fails to comply with this guidelines serves as evidence of professional misconduct by the medical practitioner responsible for the advertisement. Serious or repeated offences by a practitioner can lead to suspension of their registration and restriction from certain procedures. They can also get prosecuted in court if they’re in breach of the National law.

Broader Impacts on the Cosmetic Surgery Industry and Marketing Practices

Patient safety is paramount in healthcare and these advertising guidelines clearly prioritise realistic and evidence-based advertising to protect the general public. Marketing in the cosmetic surgery industry has now shifted to an informative strategy, rather than a persuasive one, and this will increase trust in the practice and greatly improve patient safety.

Holistic & Evidence-Based Marketing – Get in Touch

Our job at Caffeinated Marketing is to help your cosmetic surgery practice with a marketing strategy that is compliant with Ahpra’s guidelines and connects you to your target audience at the same time. Contact us now to get started.