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THE BOTULINUM TOXIN AND COSMETIC FILLERS (CHILDREN) ACT 2021

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Photo by  Sam Moqadam  on  Unsplash There has been a huge growth in the use of non-surgical cosmetic procedures over the last decade. [1] The use of such procedures is by no means only confined to the older person concerned at staving off the rapid onset of age; instead today the demands of “beauty” can be seen as much more pervasive. [2] Over the last few years there has been an increased interest by younger people, including teenagers, in the use of cosmetic procedures. This has been exacerbated by the use of social media and the rise of the “influencer” in an Instagram world. At the same time such a rise in use has been accompanied with concerns in relation to their safety. Risks in relation to Botox include such things as infections, breathing difficulties and double-vision; in the case of fillers scarring, infection and blocked facial blood vessels. [3] Concerns have also been expressed regarding the psychological impact of the use of Botox and fillers, for exam...

Cosmetic Procedures and COVID-19: “Trivial” or “Essential Services”?

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The current COVID 19 crisis has had a serious effect on society in the UK and elsewhere with the threat to life of a contagious disease.  It has led to individuals having their movements and habits severely curtailed by ‘Lockdown’ and orders to stay at home.  As a result, businesses have closed down, schools have shut, and many employees have been furloughed. Relative to the loss of life and livelihoods, some might argue that the impact this has had on individual appearance and the beauty industry in general is a much more “trivial” side of COVID-19.  This “Keeping up Appearances” might be seen as a necessity in professional life, but lockdown has challenged what could be seen as standard and necessary “maintenance”.  Are cosmetic procedures such as hairdressing, eyebrow plucking and Botox injections really trivial, or are they, rather, more akin to “essential services” or “moral imperatives”?  [1]   The lack of access to hairdressers, for example, has be...

Dying For a Tan:The Case for Prohibiting the Use of Commercial Sunbeds

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F rom the 1920’s onwards, tanning was seen as aspirational.   It spoke of foreign holidays and the lifestyle of the rich and famous. It was a matter of “looking good” and “looking well”.  The growth of the domestic tanning industry followed and tanning salons became common in the high street and in the health club.  However, over time concerns began to arise due to the health risks of sunbeds and in particular the link with skin cancer. In 2006, the World Health Organization’s (WHO) International Agency for Research on Cancer (IARC) published the first report by experts on sunbed use and its association with skin cancer or melanoma.   This meta-analysis of 19 studies of associations between the use of sunbeds and the risk of melanoma showed an increase of 15% in the risk of melanoma  amongst those who had used a sunbed compared to those who had not.   Subsequently the IARC added UV-emitting tanning devices to its list of group 1 carcinoge...

Cosmetic surgery: Knowing your rights if something goes wrong

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There is a great deal of confusion that surrounds the aesthetic industry and what procedures within it are subject to regulation. As the popularity of cosmetic procedures, such as breast augmentation and rhinoplasty, continues to rise in the UK, so too do the number of complaints and the volume of incidents involving risky practices and untrained or inexperienced practitioners. If you look up ‘cosmetic surgery’ on the internet, the results are crowded with 0% finance deals and 2-4-1 offers, encouraging individuals to commit quickly to potentially life-changing, and life-threatening, procedures. At the same time, the news is littered with tales of celebrities and everyday people who’ve undergone botched surgeries or have had painful reactions to poorly administered Botox or dermal fillers. There is a great deal of societal pressure, particularly on women - who still have the vast majority of surgeries - to achieve the perfect ‘look’, which can be perpetuated by the likes of ...

Rogue Cosmetic Surgeons and the Criminal Law

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The disturbing case of breast surgeon, Ian Paterson, who mutilated countless patients over a period of several years, was a shocking example of a rogue surgeon. English criminal law plays only a minor role in regulating harmful medical misconduct, traditionally limited to gross negligence manslaughter. The conviction of Ian Paterson, in 2017, however, involved multiple convictions for serious non-fatal offences: unlawful wounding and intentionally causing grievous body harm, for which Paterson is now serving a twenty-year prison sentence. This case raises important questions about the role of the criminal law as a response to harmful and unreasonable/unjustifiable surgery. Paterson’s crimes include carrying out unnecessary, mutilating surgery on people who were falsely led to believe that the surgery was necessary and therapeutic. The prosecution’s case suggested that Paterson’s crimes were motivated by the lucrative financial rewards from his private surgical practice. Reflecting on P...

Consent, “cosmetic” procedures and crime: The case of Ian Paterson

By Melanie Latham and Jean McHale On 28 th April 2017   breast surgeon Ian Paterson was  charged and convicted of 17 counts of wounding with intent under Offences Against the Person Act 1861  in relation to 9 women and one man ( Breast surgeon Ian Paterson found guilty of 17 counts of wounding with intent after 'unnecessary operations '). He was in addition convicted in relation to three further wounding charges. Evidence given during his trial was to the effect that he had either exaggerated or invented cancer risks which led to patients deciding to consent to breast surgery.  From 2003 Paterson’s colleagues had raised concerns regarding his practice. He undertook a practice of cleavage saving mastectomies which had involved leaving some breast tissue with consequent risks of reoccurrence of secondary cancer.  During the trial evidence was given by patients that they had been misled into believing that they were seriously ill and as a consequen...

THE COSMETIC SURGERY(STANDARDS OF PRACTICE) BILL 2016: REGULATING COSMETIC SURGERY- THE NEXT STEPS?

THE COSMETIC SURGERY (STANDARDS OF PRACTICE) BILL 2016 REGULATING COSMETIC SURGERY- THE NEXT STEPS? On Wednesday 19 th October the Labour MP Kevan Jones introduced a 10 minute rule bill – the Cosmetic Surgery (Standards of Practice) Bill (a private members bill) in the House of Commons. This Bill is aimed at improving standards of patient care and is supported by the Royal College of Surgeons,   “to make provision about the training, qualifications and certification of medical practitioners conducting cosmetic surgical procedures; to establish a code of practice for the provision of information to patients on the options and risks in relation to such procedures; to make provision about permissible treatments and the advertising of such treatments; and for connected purposes.”
 One instance given by Mr Jones was in relation to a constituent, Dawn Knight who had eyelid surgery which led to her being unable to close her eyes to sleep at night as too much ski...