Marketing Code of Practice

Marketing
Code of Practice
Contents
I. A message from Transform
01
II. How our Code of Practice has been conceived
02
III. Transform’s Marketing Code of Practice
General principles
Our marketing and advertising policies
Our policy on creative aspects of advertising imagery
The use of promotions and incentives
Free consultations
Privacy
Summary
03
04
05
08
12
14
15
16
Appendix
1) The current regulatory framework for marketing and advertising
2) Consumer responses to cosmetic surgery advertising
3) Responsible marketing and advertising
17
18
19
20
I. A message from Transform
Steven Taylor
Marketing Director
As part of our Clear Patient Charter first set out in July 2012, we made a promise to our
patients to establish a Marketing Code of Practice.
The resulting Code set out herein reaffirms our ongoing commitment to undertake activity
responsibly and with sensitivity. In addition, while conforming to all current regulatory and
voluntary guidelines, our Marketing Code of Practice aspires to set new standards which
are above and beyond what is required of us from existing regulation.
Our aim is to demonstrate that when administered respectfully and responsibly, good
marketing and advertising is beneficial and educational to patients.
Our Code itself is set out in the final section (Part III) of this document. However, we have
also set out contextual information on the current marketing landscape which supports
Transform’s stance on certain topics that are often viewed with controversy in the media.
As always, we are open to hearing your thoughts. You can share them with us on
www.transformclear.co.uk
Yours faithfully
Steven Taylor
Marketing Director
01
II: How our Code of Practice
has been conceived
The Clear Panel (left to right): Marva Hammond (Lead Clinical Nurse), Ann Gilbert, Christian Knowles, Melinda Messenger,
Dr Hilary Jones, Pat Dunion (Managing Director, Transform), Sheli McCoy
Our Code of Practice was conceived in
November 2012 following contributions from
The Clear Panel (transformclear.co.uk). With
panel members comprising past patients,
Channel 5 consumer champion Melinda
Messenger and Dr Hilary Jones, valid
viewpoints have been sought from all quarters.
The Clear Panel helped us shape our policy
with particular regard to avoiding portrayal of
negative body images amongst the young,
impressionable or vulnerable, “airbrushing
images” and using “real” patients in marketing
images.
02
The panel’s contributions challenged us and
have been invaluable and we are grateful for
their input. In addition, the Code draws on the
thoughts of senior staff at Transform who
contributed to The Department of Health review
on cosmetic surgery in October 2012.
III: Transform’s
Marketing
Code of
Practice
03
General principles
1
2
3
4
5
6
7
04
We take every precaution to
ensure Transform, or the benefits
of cosmetic surgery are never
promoted to under 18s.
We aspire to promote a positive
body image and never leave a
reader feeling negative or with a
lower sense of self worth.
We aim to never trivialise a
procedure and always provide
patients with the materials and
information to help them make
an informed decision.
We will never advertise price in
press or TV as an inducement to
undertake surgery, or undertake
activity which commoditises
cosmetic surgery.
We will be truthful, authentic
and never undertake activity that
glamorises or gives an unrealistic
expectation of what can be achieved
from surgery.
We aim for our methods never to
impose undue pressure on a patient
or encourage them to undertake a
procedure that they would otherwise
not consider.
We recognise our role in the
cosmetic surgery industry and
at all times endeavour to provide
leadership and be a good role
model in all we do.
Our marketing and
advertising policies
Transform is extremely conscious of its social
responsibility, which is why we do not
encourage persons under the age of 18 to
consider cosmetic surgery. We diligently ensure
this principle is adhered to in all
communications.
– Transform does not treat or operate on
anyone under the age of 18.
– To obtain an information brochure, arrange a
consultation, or request a call back, via our
website, a patient must confirm that they are
over 18.
18
Our TV scheduling policy
Since January 2013 our TV advertising
predominantly takes place post watershed
(9pm). Occasionally advertisements are
broadcast during daytime hours, but since July
2012 our policy has been;
– No broadcasts between 3:30pm - 9pm.
– No broadcasts during recognised school
holiday periods.
9pm
– No broadcasts during programmes which
might be interpreted as being attractive
predominantly to under 18s.
05
Our press scheduling policy
Transform will only place advertising in titles with an audited circulation and an average readership age
over 18. Examples of the titles we advertise in and the publishers stated readership profile are below;
Title
% Readers over 18
Average Reader Age
Cosmopolitan
93.2%
33
Heat
89.1%
31
OK!
90.2%
36
Star
90.1%
32
Glamour
94.9%
31
Marie Claire
96.4%
40
Look
88.9%
31
Source: Mediaedge, February 2013
On the internet
Our internet display advertising,
conforms to the same principles. Our
advertising will only be placed on sites
where the site owner can reassure us
on visitor age profile. In the case of
sites being bought through an
advertising network, a specific
exclusion is sites where the visitor
profile is under 18.
06
Social media
Access to our Facebook page, content and
discussion boards therein has been restricted to
over 18s since launch in late 2011.
Posts which are 'promoted' on Facebook, are also
restricted to over 18s only. This means that such
posts will only appear for users who have indicated
their age as 18 or above.
07
Our policy on creative aspects
of advertising imagery
Advertising and marketing are creative by their
nature. However, Transform is steadfast in three
aims;
– We will never alter an image to give an
unrealistic impression of a surgical outcome.
– We aim never to trivialise or diminish the
nature of a surgical procedure.
– Images of patients featured on our website and
advertising will only be over 21.
08
Promotion of healthy body images
The portrayal of unnatural or unhealthy body
images, (for example “size-zero”), is widely
condemned in the media. Transform advocates
promotion of healthy body images at all times.
Indeed, our most popular procedure (breast
augmentation), is fundamentally about attaining a
more voluptuous body shape. To this end,
– We aim never to promote an unhealthy look, or
promote unattainable body images.
– A further requirement of individuals featured in
marketing is that they have a healthy body image
visually and with a BMI (Body Mass Index) in the
recommended range of between 18-25.
Celebrities and role models
We work with Dr Hilary Jones
and Melinda Messenger to raise
standards and promote greater
responsibility.
Transform believe that focusing on celebrities in
advertising and marketing is not an appropriate
way to promote cosmetic surgery. As a result,
while such personalities can and do have
procedures at Transform, we will never use their
celebrity status as a means to overtly promote or
advertise the virtues of cosmetic surgery.
We do however believe it is legitimate to use high
profile role models and / or media personalities to
assist in instilling a sense of greater personal
responsibility and providing patient information. In
addition, their use in stimulating debate on raising
standards on the clinical aspects of cosmetic
surgery is entirely legitimate.
09
Authenticity
For a free consultation call
08000 214 137or visit transforminglives.co.uk
BREAST / BODY / FACIAL / HAIR / NON-SURGICAL TREATMENTS / MALE COSMETIC SURGERY
Registered by the Care Quality Commission.
Throughout 2012 Transform press advertising has
featured only Transform patients. From June 2013
this philosophy will be extended to our TV
advertising.
Currently, on our website and in our marketing
brochures, the images used are a mix of real
patients, real staff and “models” who are
representative of our patient demographics. By
May 2013 of the 38 individuals featured, 10 are
not bona fide Transform patients or employees.
By the end of 2013, we aim for no “models” to be
featured.
10
Funda Onal, Transform patient, has
featured in our press advertising throughout 2012.
Any case study or testimonial in the past, present,
or in future on our website, press, or literature will
only ever be of a genuine patient.
Airbrushing
2013 advertising
campaign prephotographic
treatment.
Transform do not use “airbrushing” techniques
to give an artificial or false indication of the
outcome of a surgical procedure.
Postphotographic
treatment.
With regards to “before and after” pictures on
our website, or in clinic, these have never been
altered in any way.
In our next advertising campaign (May 2013) the
sole post-photographic treatment will be
modest colour correction. Patients featuring in
the campaign will be natural in every other
respect.
11
The use of promotions
and incentives
Surgical procedures
Transform advertisements do not carry the price
of a surgical procedure.
In 2011, recognising the concerns over “timelimited” offers, Transform introduced a 90-day
period for patients in which to participate in a
promotion. Subsequently, we were instrumental
in the adoption of the same policy for all
Independent Healthcare Advisory Service (IHAS)
members, thus bringing to an end the practice of
time-limited offers (amongst IHAS members).
“
However, times and social expectations change.
Today there is a very different landscape. As such,
from January 2013, Transform no longer
advocates the en masse marketing of promotions
or price offers for a surgical procedure.
Transform no longer advocates
en masse promotions or price
offers for surgical procedures
”
Our stance on other promotional practices
– Refer a friend - From May 2013 we will be
bringing to an end our patient referral scheme.
– Prize competitions - Transform will never
support a competition in any media channel
that offers a surgical procedure as a prize.
12
– Group buying websites - Transform will never
participate in group-buying website offers for
the sale of cut-price surgery.
– Loyalty schemes - Transform will never
condone any idea that encourages
unnecessary or repeat surgery.
Non-surgical
The generally accepted definition of “nonsurgical” treatments are those which are noninvasive (needle, not scalpel).
As such our policy on promotions for the nonsurgical sector differs from that outlined for
surgical.
Typically, these comprise a regular course of
treatment, or are repeated at regular intervals (in
the case of injectables such as dermal fillers or
Botox®).
– Price promotions - are a legitimate means to
attract non-surgical patients. In determining
terms and conditions for such offers we are
mindful not to pressurise and also allow
sufficient time for a patient to complete their
course of treatment.
At Transform such treatments are provided in a
regulated, clinical environment by suitably
qualified practitioners, doctors and nurses.
Clinical standards and clinical care come first.
– Loyalty schemes - Transform considers our
loyalty scheme “For Me” to be an acceptable
part of a competitive commercial landscape.
However, within the industry such treatments are
also administered in less clinically regulated
environments, by lower qualified staff, using lower
specification products and machines.
Additionally, “price” and “promotions” are highly
influential in patients determining where to have
their treatment.
Should greater regulation in the non-surgical
sector be introduced (with particular regard to
who administers, where they can do it and the
products they use), Transform will review its
marketing policy.
13
Free consultations
Free consultations with a surgeon have been
condemned in the media and other quarters as
part of the “unacceptable face” of cosmetic
surgery marketing. The reason cited is that free
consultations create an obligation on the part of
patients.
Transform could not disagree more.
Our belief is that cosmetic surgery should be
about choice. Freedom to choose to have a
procedure and freedom to make an informed
choice on provider and surgeon. Typically;
– A patient will seek opinions from a variety of
surgeons / providers before settling on the
one that’s right for them. On average 4.1
consultations are sought.*
– A private surgeon will typically charge £150 to
£300 for an initial consultation.
*Source: Keynote market research study 2012
14
Given this, free consultations are a means to
allow patients to assure themselves they are
making an informed decision without incurring
significant cost.
It would be extremely lucrative for Transform to
charge a fee for consultation. However we are
steadfast in our belief that patients having to pay
for their consultation benefit no one - except
surgeons who impose a charge.
“
Paying for a
consultation
benefits no-one
- except surgeons
who impose a fee
”
Privacy
Transform is registered with the Data Protection
Registrar and we comply with the expectations
and rules set out in the Data Protection Act.
Over and above that we are particularly
conscious of the sensitive nature of cosmetic
surgery. As a consequence we will never
approach patients unsolicited seeking their
custom by mail, email, phone, text, personal call
or any other medium.
Direct marketing communications are only ever
directed at patients who have previously made
an enquiry to us. Any patients who no longer
wish to receive marketing messages will be
suppressed from the relevant databases upon
instruction / intimation.
Over and above these principles we are also
mindful of the requirements of The Caldicott
Code which require us to be protective of all
medical data held and to ensure patient
confidentiality and privacy is maintained.
15
Summary
Whilst conceived by The Clear Panel, the Code
belongs to our patients and its content or ideas
are not fixed. Should there be a groundswell of
opinion about a particular aspect or omission
from the code, we will listen. Patients are at the
heart of all we do at Transform and as such their
views and contributions are welcome –
particularly if they have had an experience that
contravenes the standards we have set out to
achieve.
If you consider any of our advertising
or marketing to be irresponsible and
/ or in breach of our own code, tell us
– and tell the Advertising Standards
Association (ASA).
16
To feedback, comment or participate :
– Post on Facebook (search : Transform
Cosmetic Surgery)
– Comment at : transformclear.co.uk
– Email the marketing team :
feedback@transformclear.co.uk
– Write to the Advertising Standards
Association : asa.org.uk
Appendix
17
1) The current regulatory
framework for marketing
and advertising
Transform takes seriously its position as a
responsible and ethical provider of cosmetic
surgery. This philosophy extends beyond our
clinical standards to all spheres of activity –
including marketing. Our marketing
communications adhere to the principles set out
in:
– The Independent Healthcare Advisory Service
(IHAS) marketing code
– The Medicines & Healthcare Regulatory
Authority (MHRA) Blue Guide
– Committee Advertising Practice (CAP)
Guidance Notes on Cosmetic Surgery
Advertising
– The Medicines Act 1968
– The British Code of Advertising Practice
(BCAP)
18
Moreover, we have always been respectful of and
abided by the decisions of:
– CAP - whose guidance we will voluntarily seek
prior to running a new advertising campaign.
– Clearcast - the body which approves
advertisements prior to TV broadcast.
– The Advertising Standards Association (ASA) the body charged with enforcement of BCAP
principles in press, printed materials and on
websites, to ensure advertisements and
marketing claims conform to the principles of
being “legal, decent, honest and truthful”.
2) Consumer responses
to cosmetic surgery
advertising
Complaints against advertisers in 2011.
All Sectors
Cosmetic Surgery Sector
Transform
22,397 advertisements
complained against
32 advertisements complained against
(majority relating to online Botox advertising)
0 complaints
31,458 complainants
36 complainants
4,591 advertisements
amended or withdrawn
14 advertisements removed or amended
Source : Advertising Standards Association, October 2012.
In practice, cosmetic surgery adverts rarely
contravene advertising regulations.
The table above shows the relatively low
concerns of the public to cosmetic surgery
advertising. Upheld complaints against
cosmetic surgery advertising in 2011
represented just 0.3% of the caseload of the
ASA.
These sentiments were also borne out in a
OnePoll survey commissioned by Transform in
November 2012, where 70% of respondents
stated they saw no need to ban cosmetic
surgery advertising.
“
The ASA figures for 2012 have yet to be fully
released, but Transform understands they
largely mirror those of 2011. However, in the
interest of transparency, we can report there
were two consumer complaints lodged about
Transform’s television advert. The first (that our
advertisement portrayed a negative body image
to young people) was rejected by the ASA.
However, a further complaint (that our advert
was broadcast aired during a programme that
was watched predominantly by an under 18
audience), was upheld.
We have subsequently tightened our
administrative procedures and revised our TV
scheduling policy to ensure this will never
happen again.
of the public see
no need to ban
cosmetic surgery advertising
70%
”
19
3) Responsible
marketing and advertising
By its nature advertising is creative - and as such,
subjective. However, there are objective criteria
too and parameters advertising must conform
to; most importantly it must be legal, decent,
honest and truthful.
That is not to say bad advertising does not exist.
It does. When it does though, there is a proven
and universally successful system in place which
has been supported by successive governments.
The remit of the ASA is to police adverts and take
appropriate action when required.
We believe there is a role for advertising to help
potential patients make an initial decision
regarding providers available to them. To ban or
outlaw cosmetic surgery advertising would be
counterproductive and ultimately a disservice for
patients:
“
20
– Patients will have a narrower understanding of
providers available to them.
– An advertising ban is likely to result in a
proliferation of unregulated internet activity.
– International providers will advertise surgery as
a commodity, price will be the focal point and
clinical standards and care will be less clear to
patients.
– The standards, regulatory controls and
effective policing by the ASA over the last 50
years will count for nothing.
What ultimately is required is a sense of
responsibility - and that is the essence of
Transform's Marketing Code of Practice.
What ultimately is required is a
sense of responsibility - and that
is the essence of Transform's
Marketing Code of Practice
”