How to Complain About a Non-Surgical Body Treatment Advert

When to Consider Complaining About an Advert

Complaints about non-surgical body treatment adverts are appropriate when you believe an advert is misleading, irresponsible, or breaches advertising codes. Common triggers include claims of guaranteed results, statements lacking evidence, or omission of side effects. The ASA, the UK's advertising regulator, considers complaints from anyone, not just customers. You do not need to have purchased the service to raise a concern. Adverts can be online, in print, on social media, or in clinic materials. The ASA takes particular interest in adverts that make claims about results that seem implausible or use language that could mislead vulnerable audiences. For example, adverts that suggest dramatic body transformation without mentioning necessary lifestyle changes, or those that use 'before and after' images without context, can be grounds for complaint. The regulator also considers whether adverts target young people or make health-related claims without appropriate substantiation.

The ASA Complaint Process: Step by Step

The Advertising Standards Authority (ASA) investigates complaints about adverts across all media in the UK. The process is straightforward and does not require a legal background. Here is a step-by-step guide:

1. Gather Evidence: Take screenshots, save links, or collect physical copies of the advert. Note the date, medium, and where you saw it. If possible, include the full advert and any associated text or disclaimers.
2. Check the CAP Code: The CAP Code is the rulebook for advertising in the UK. If you believe the advert breaches rules (e.g., misleading claims, lack of evidence, failure to mention risks), this strengthens your complaint. The ASA website offers guidance on what constitutes a breach.
3. Submit Your Complaint: Use the ASA’s online form or write to them. You will be asked for details about the advert and your concerns. You do not need to be a customer, and you can submit anonymously if you wish.
4. ASA Assessment: The ASA will review the complaint, assess the evidence, and may contact the advertiser for a response. The advertiser is typically given a chance to justify their claims and provide supporting documentation.
5. Outcome: The ASA can require the advert to be changed or withdrawn. In serious cases, it may refer advertisers to enforcement bodies. You will usually be informed of the outcome, and significant rulings are published online.

The process is confidential, and your identity is not shared with the advertiser unless you give permission. The ASA may aggregate complaints where several people raise the same issue, but each complaint is considered on its own merits. If your complaint does not fall within the ASA’s remit, you will be directed to the relevant body.

What the ASA Can and Cannot Investigate

The ASA regulates adverts for accuracy, evidence, and social responsibility. It can act on:

• Misleading effectiveness claims (e.g., 'clinically proven' without substantiation)
• Unsubstantiated safety or risk statements
• Improper use of medical or scientific endorsements
• Failure to make side effects or limitations clear
• Adverts that could exploit vulnerable groups or create undue pressure

However, the ASA does not handle:

• Complaints about pricing or refunds (handled by Trading Standards or the Competition and Markets Authority)
• Clinical negligence or personal injury (handled by the General Medical Council or legal routes)
• Complaints about the outcome of your own treatment
• Product safety or licensing (handled by the Medicines and Healthcare products Regulatory Agency)

For issues outside advertising (such as harm or malpractice), other bodies are responsible. If you are unsure, the ASA’s website provides links to external regulators.

Evidence: What to Submit and Why It Matters

The ASA bases decisions on the actual content of the advert, not on personal experience or dissatisfaction. Strong evidence includes:

• Clear images or copies of the advert (screenshots, photos, PDFs)
• Date and location details (e.g., the website URL, print publication, or social media platform)
• Notes about any claims made (e.g., 'FDA approved', 'instant results', 'no downtime')
• Context, such as who the advert appears to target (e.g., young people, people with specific conditions)

The ASA does not investigate hearsay or anecdotal experiences. It needs to see the advert as a consumer would. The more precise your submission, the more likely the ASA is to take action. If the advert is a video or audio, try to capture the key statements and provide a transcript if possible. If the advert is interactive (such as a website with pop-ups), describe the user journey and what a typical consumer would see.

Tip: If the advert changes or disappears after you see it, your screenshot remains valid evidence. The ASA can investigate based on the evidence you provide, even if the advert is no longer publicly accessible.

What Outcomes to Expect After a Complaint

After reviewing your complaint, the ASA may:

• Conclude there is no case to answer (if the advert complies with the CAP Code)
• Uphold the complaint, requiring the advert to be changed or removed
• Publish a ruling on its website, naming the advertiser and summarising the breach
• Refer persistent or serious breaches to enforcement bodies such as Trading Standards
• Work with media owners to remove or block non-compliant adverts

Advertisers are expected to comply with ASA rulings. Persistent non-compliance can result in further sanctions, including removal of ads by media owners and referral to statutory regulators. The ASA does not have the power to fine advertisers, but it can apply significant reputational pressure and restrict advertising access. If an advertiser continues to breach the rules, the ASA may escalate the matter to other authorities with enforcement powers.

In some cases, the ASA will issue guidance to the entire sector if a particular type of claim is repeatedly found to be problematic. This can result in widespread changes to advertising practices beyond the specific case you raise.

How to Track ASA Rulings and Learn From Past Cases

All ASA rulings are published on the ASA’s website, searchable by keyword, company, or issue. This allows you to see how similar complaints have been handled. By reviewing past cases, you can assess whether a claim has previously been judged misleading or whether similar advertisements have been required to change their content. The database includes both upheld and not upheld complaints, with detailed reasoning for each outcome.

For example, if you see a device claim 'clinically proven', searching the ASA’s site for previous rulings on that phrase can reveal how the regulator interprets such statements in the context of non-surgical body treatments. You can also use the archive to understand trends in enforcement, such as increased scrutiny of adverts using influencer testimonials or social media platforms.

Reading past rulings can help you draft a more effective complaint by highlighting the types of evidence and arguments the ASA finds persuasive. It also helps consumers and clinics understand the boundaries of acceptable advertising.

Limits of the ASA Process

The ASA process is not a route for personal compensation or refund. It focuses on the content of advertising, not the outcome of treatment. It does not investigate clinical practice, staff behaviour, or individual experiences of harm. Where a complaint is about injury, malpractice, or breach of contract, other regulators or legal channels are appropriate. The ASA cannot enforce criminal law or award damages. If your concern relates to the safety or licensing of a device or product, the Medicines and Healthcare products Regulatory Agency is the appropriate authority. For issues with refunds, cancellations, or financial loss, Trading Standards or the Competition and Markets Authority may be able to assist.

This guide applies only to non-surgical body treatment advertising and the ASA process. It does not cover the regulation of medical devices, surgical procedures, or the resolution of clinical disputes.

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