Eversheds comment: Concerns over ‘light touch’ approach to cosmetic procedure regulation

• United Kingdom

13-02-2014

Following concerns from the British Association of Aesthetic Plastic Surgeons (BAAPS) that new rules for the cosmetic procedures industry in England are not up to scratch, Richard Matthews, Head of Product Liability at global law firm Eversheds, comments:

“Concerns over the regulation of cosmetic procedures have been growing for some time, fuelled by scandals such as that surrounding the French breast implant manufacturer PIP, found to be supplying breast implants with non-medical grade silicone. PIP collapsed soon afterwards, and its CEO has since been convicted in France, but the consequent litigation rumbles on. Pressure has been mounting on the MHRA and other regulators to do more, and legislators are now catching up, although it remains to be seen whether steps such as a register of breast implants and a tightening up of the consent process will prevent further product safety crises in the sector: many remain sceptical.

“Treatments such as fillers, Botox and laser hair removal cause particular difficulties for regulators. They occupy a grey area between consumer products and medical devices. Many have voiced concerns about a ‘light touch’ approach to products which carry the risk of injury if used improperly. The Government’s announcement that it will be illegal to offer dermal fillers without training is an attempt to address these concerns, whilst trying to avoid unnecessary commercial damage to a growing industry in difficult economic times. Question marks will no doubt be raised as to the effectiveness of measures such as mandatory training, and many consumer organisations will continue calling for tighter controls on product safety and an increased role for regulatory bodies in monitoring the work of cosmetic clinics.”

• Richard Matthews
• Partner
• +44 113 200 4372
• +44 113 200 4372

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