People and communities
Walsall salons targeted in underage Botox exercise
Published on
In June, Trading Standards officers enlisted the help of a 16 year old volunteer to test 11 Walsall salons on their age verification processes.
The Botulinum Toxin and Cosmetic Fillers (Children) Act, which came into force in October 2021, makes it illegal for businesses to so much as make arrangements for an under 18 to undergo the treatment, and any business found doing so can be prosecuted if caught.
On 29 June 2023, a 16 year old volunteer visited 11 Walsall salons and was advised by Trading Standards officers to request an appointment for lip filler treatment.
Of the 11 salons visited, 3 salons booked appointments for the treatment without completing any age verification checks and 4 exchanged details to enable further contact. 3 salons were closed and one did not offer the requested treatment.
“ Exercises like this help us to ensure the safety of children and young people in our communities. Businesses need to take responsibility for the safety of their customers by familiarising themselves with their legal obligations, particularly when new legislation is put in place. We’re not looking to catch out and close down businesses, we want to work with them to ensure they can continue to provide services to our residents, and I want to thank the trading standards officers in charge of this exercise for putting in the necessary steps to support these businesses to better understand the law and protect children. “
The purpose of the new legislation is to safeguard children from the potential health risks of botulinum toxins and cosmetic fillers. The procedures carry health risks including infection and blindness as well as psychological implications associated with changing appearance.
The 4 salons that exchanged contact details with the volunteer were sent a follow up advisory letter explaining the legislation and detailing their responsibilities. The 3 salons that made bookings were subsequently revisited by officers who provided advice and written information for them to keep. While all 3 salons claimed that age verification would have taken place at the consultation, officers advised that verification checks should take place before any bookings are made.
Officers are looking at plans for further work in this area to continue to support businesses and safeguard children.
ENDS
Notes to editors
The Botulinum Toxin and Cosmetic Fillers (Children) Act came into force in October 2021. From 1st October 2021, it has been against the law for anyone to inject botulinum toxin (commonly known as Botox) or fillers for cosmetic purposes to a person who is under the age of 18 in England. It is also against the law to ‘make arrangements’ (such as book an appointment) for the treatments to anyone under the age of 18 in England. It is a criminal offence for which businesses can be prosecuted. The power for enforcing the legislation lies with the police and local weights and measures authorities.
Procedures
The definition of cosmetic purposes set out in the Act includes any substances that are inserted into the body with the intention of producing a filling effect to change appearance. Registered doctors, nurses, dentists, and pharmacists can still provide the treatments to under 18’s, but only in cases where the treatment has been approved by a doctor.
Botulinum toxins – these are medicines injected into the skin to smooth lines and wrinkles. There are several trade names, the most common of which is Botox.
Cosmetic fillers – These are gel-like substances commonly injected into the lips or face to add volume and plump the injected area.
Advice
To ensure all Botox/Dermal Fillers providers were aware and clear about the law, a letter and an information leaflet was drawn up and mailed to approximately 60 businesses in the borough. The guidance set out the steps business owners can reasonably take to ensure they comply with the law. To prevent any underage sales, businesses were advised to have an age verification policy and effective systems to try and demonstrate due diligence. Providers were advised to regularly monitor and update policies as necessary to put right any problems or weaknesses. An effective system includes staff training, a challenge 25 policy, keeping a refusals log and ensuring all staff understand what forms of ID are acceptable.
Advertising and Descriptions
The Advertising Standards Authority (ASA) have published advice and guidance in relation to the advertising and descriptions applied to cosmetic filler products which can be found on their website. There are several trade names for cosmetic treatments made with botulinum toxin and three brands are licensed in the UK for cosmetic purposes. They are prescription only medicines. By virtue of The Human Medicines Act 2012, prescription only medicines cannot be advertised in a way that is likely to lead to their use. To promote compliance, the ASA guidance was highlighted in the information leaflet Trading Standards sent to Botox/dermal Filler providers in Walsall.
