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11 Southampton Student L. Rev. 23 (2021)
The Regulation of Dermal Fillers in English Law

handle is hein.journals/sthmpstul11 and id is 31 raw text is: (2021) The Regulation of Dermal Fillers in English Law Komal Pervez* Abstract This paper is an investigation of the inadequacy of the current lack of legal framework which regulates dermal fillers in English law. It covers issues relating to the supply of dermal fillers, in addition to the social factors which control their demand. This paper examines the current gap in legislation by evidencing the shortcomings of the existing approach, and by recommending a statutory scheme to remedy these deficiencies. It is focused on the tripart regulation of product, premises and practitioners. Further, it locates this discussion within the wider topic of the popularity and commodification of non-invasive cosmetic procedures and the exploitation of the most vulnerable sectors of society. This paper will conclude by outlining why legislative intervention is necessary to combat the physical and social harms of dermal fillers. Introduction Scope Dermal fillers are non-invasive injectables, typically composed of hyaluronic acid, that fill lines, wrinkles, and add volume to the face.' This article is an investigation of the inadequacy of the legal procedures which regulate dermal fillers in English law. It covers issues relating to the supply of dermal fillers, in addition to the social factors which control their demand. Dermal Fillers account for 9/10 cosmetic procedures, making up 75% of the market value of cosmetic interventions, a £2.27 billion industry.2 The risks associated with dermal fillers are 'infection, lumpiness, filler moving away from the intended area and requiring surgery, scarring, blocked blood vessels, and even blindness'.3 Despite this, there are no mechanisms for post market surveillance of fillers, no regulatory authority governing practitioners, and no mandatory registration of the premises which administer fillers. It is widely recognised that the current law is unmethodical and full of gaps in protection; the lack of regulation of dermal fillers fails to keep up with the social and demographic factors which fuel their demand.4 This lack of regulation has also failed to keep up with developments in the modern understanding of patient autonomy and informed consent. Because the administration of dermal fillers is at present not tied to legislation, this report articulates recommendations for statutory reform as a way to regulate fillers. Statutory redress will enable * B.A (Hons), L.L.B (Soton). 1 NHS, 'Face and lip fillers (dermal fillers)' (16 July 2019) <https://www.nhs.uk/conditions/cosmetic- procedures/dermal-fillers/> accessed 1 April 2019. 2 Department of Health, Review of Cosmetic Interventions Final Report (2013) 17. 3 NHS, 'Face and lip fillers (dermal fillers)' (16 July 2019) <https://www.nhs.uk/conditions/cosmetic- procedures/dermal-fillers/> accessed 1 April 2019. ' NHS, 'Face and lip fillers (dermal fillers)' (16 July 2019) <https://www.nhs.uk/conditions/cosmetic- procedures/dermal-fillers/> accessed 1 April 2019; Save Face, 'Consumer Complaints Audit Report' (2018) <http://www.saveface.co.uk> accessed 1 April 2020; Department of Health, Review of Cosmetic Interventions Final Report (2013) 9. 23 vol. II

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