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Bulletin: 22/2
Batch: 277
Reference: 37509
Product: Health & Beauty
Advertiser: Alicia Lip Filler Academy
Influencer:
Agency:
Medium: Social Media (Company's Own Page)
Codes:
ASAI Code 7th Edition: 2.4(c), 3.2, 3.3, 3.10, 4.1, 4.4, 4.9, 4.10
Social media homepage for the advertisers featured the following:
“Alicia Lipfiller Academy
NURSE No 1. in Ireland
Award Winning Clinic
Derma Fillers-Lips- [ MOBILE PHONE NUMBER ]
MasterClass – BABYDOLL TECHNIQUE only for advanced ”Complainant considered the information in the biography on the advertiser’s social media account to be misleading regarding her being a nurse, and that it was illegal to state this unless you are a registered nurse with the Nursing and Midwifery Board of Ireland. Complainant considered that people were under the guise that they were having a cosmetic procedure by a professional and registered person, where this was not the case.
The advertisers failed to provide a response to the complaint.
Further information:
The ASAI Executive noted a statement on the advertisers’ webpage, under ‘About Us’ section, that they were a certified and licensed dental nurse.The Dental Council confirmed to the ASAI Executive that they hold a register of dental nurses established under the terms of the Dentists Act, 1985.
The Nursing and Midwifery Board of Ireland confirmed to the ASAI Executive that “the terms ‘nurse’ and ‘midwife’ are protected titles under section 49 of the Nurses Act, 1985 . These terms cannot be used by a person who is not registered as a nurse or as a midwife in Ireland”. The ASAI Executive noted that the Act defined a ‘nurse’ as “a woman or a man whose name is entered in the register and includes a midwife and “nursing” includes “midwifery”; and the register as “the register of nurses established under section 27” of the Act.
Complaint upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Complaints Committee expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Committee noted the information obtained from the Nursing and Midwifery Board of Ireland in relation to the protected status of the titles ‘nurse’ and ‘midwife’ in Ireland. They also noted the separate status of dental nurses.
They considered that by using the word ‘nurse’, the advertising implied that the service was under the supervision of, or provided by, a nurse. They noted that evidence had not been provided that this was the case, and taking account of the fact that the only people who could use the title ‘nurse’ were those registered as such, the Committee considered that the advertising was in breach of Code sections, 3.10, 4.1, 4.4, 4.9 and 4.10.
ACTION REQUIRED:
The advertisement must not appear in the current form.