The Competition and Markets Authority (CMA) has warned clinics they face enforcement action should they fall foul of rules aimed at ensuring fair treatment for IVF patients and those considering treatment.
The CMA’s warning follows the publication of new guidance, developed with sector regulator – the Human Fertilisation and Embryology Authority (HFEA), which makes clear clinics’ legal obligations to treat people fairly and to help IVF patients understand their consumer rights.
Last February, the Competition and Markets Authority (CMA) raised concerns about some fertility clinics’ practices, such as providing unclear price information and advertising misleading success rates. The body also identified a general lack of awareness that consumer law applies in the sector.
This new guidance, which follows public consultation, covers what clinics should do to:
- provide the information that patients need so they can make a genuine comparison of clinics, including on price and success rates,
- ensure they do not mislead patients, for example around the effectiveness of their treatments and what they will be paying,
- ensure they do not mis-sell treatments, such as ‘add-on’ treatments – these are optional extras offered by some clinics that can cost up to £2,500 per cycle,
- make sure terms and practices are fair.
‘Closely monitoring’
The regulator has written to clinics to draw their attention to the guidance and set out its expectation that clinics review and, if necessary, change their terms and practices to ensure they are on the right side of the law.
The CMA warned it will be closely monitoring the sector and will consider taking enforcement action if it believes businesses are not complying.
The CMA said it is promoting the guidance – the first of its kind – to patients and people who may now be considering IVF, as more people are now paying for their own treatment.
The body has also linked up with TV presenter Lorraine Kelly on a video encouraging people to read its guide for patients when buying treatment.
Commenting on the new guidance, Louise Strong, consumer director at the CMA, said: “Buying fertility treatment is a big decision – it can be complicated, stressful and very expensive, with no guarantee of success.
“All patients deserve to have the information they need to make the right choices for them and be treated fairly.
“Our guidance should help clinics understand their legal obligations. In six months, we will be reviewing compliance in the sector and we will be ready to take enforcement action if businesses are breaking the law.”
The Advertising Standards Authority (ASA) has also separately issued an enforcement notice to clinics, providing guidance on how clinics should advertise their services.
