Our latest article on licensing highlights the pressing need for regulation and a licensing framework to protect consumers in the aesthetics and non-surgical cosmetic procedures industry. This urgency has been reignited by the tragic death of the first UK woman following a 'Brazilian butt lift' procedure.
The UK's aesthetics, non-surgical cosmetics, and personal care industry is rapidly growing. The British Beauty Council reports that the personal care industry contributed around £27.2 billion to GDP in 2023. This is an 11% increase on 2022.
As the industry is growing at such a pace, successive governments have been unable to keep up. They have established a framework to regulate the industry and ensure proper consumer care. In September 2023 the Sunak government opened a consultation for the introduction of a licensing regime. However, following the general election it has yet to be picked up by the Labour government.
After the tragic death of Alice Webb, the first British woman to die in the UK following a 'Brazilian butt lift' procedure, a review of the consultation will likely be accelerated. This may hasten the implementation of an appropriate licensing regime.
Jo Soar, licensing specialist at Rothera Bray Solicitors, said, "Without proper regulation, unqualified practitioners continue to put lives a risk. We urgently need a licensing regime to ensure safety, accountability and high standards in the industry. We call upon the government to act now."
Current law
The UK currently has no legal requirements for non-surgical cosmetic and aesthetic treatments. There are several governing bodies who provide recommendations on best practice such as:
- Health Education England
- Joint Council for Cosmetic Practitioners
- College of Aesthetic Medicine
- British Association of Cosmetic Nurses
They all strongly recommend a certain level of training before administering treatments. This is often dependent on the type of procedures a practitioner wishes to provide.
New proposals
The previous Conservative government began consulting on licensing non-surgical cosmetic procedures in England. The consultation provided a broad overview of the plans for the regime and how it would operate. The key aims were to ensure that:
- practitioners are suitably knowledgeable, trained and qualified
- hold appropriate indemnity cover
- operate from premises which meet the necessary standards of hygiene, infection control and cleanliness
Traffic light system
Like alcohol licensing, premises and practitioners will need a licence to operate. The proposals suggest a traffic light system to categorise the numerous procedures available. An example of the proposed categorisation is outlined below:
1. Green: procedures with the lowest risk of complications. All practitioners are eligible to perform licensed procedures where they meet agreed standards.
- Microneedling
- Chemical peels
- "No needle" fillers
- Semi-permanent makeup
2. Amber: procedures with medium risk of complications. Non-healthcare professionals must be licensed. They must also have relevant oversight by a named regulated healthcare professional. Qualified persons may carry out procedures without oversight if they meet the agreed standards.
- Botox
- Semi-permanent dermal fillers
- Weight loss injections
- High intensity focused ultrasound (HIFU)
3. Red: procedures with the highest risk of complications. These are procedures that will be regulated by the Care Quality Commission. They fall outside the scope of the licensing scheme.
- All thread lifting procedures
- Hair restoration surgery
- Hay-fever injections
- All intravenous injectables and infusions
Since this was only at the consultation stage, more work is needed before it becomes law. We are staying updated on developments in this area.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
