Warning to IVF clinics as watchdog issues new consumer rights guidance

The Competition and Markets Authority guidance follows concerns such as unclear pricing and misleading success rates.

Warning to IVF clinics as watchdog issues new consumer rights guidance

Fertility clinics must be clear with patients about their success rates and charges under new guidance published by the competition regulator.

The Competition and Markets Authority (CMA) has issued the guidance on IVF – the first of its kind – to address concerns such as unclear pricing and misleading success rates.

It has warned clinics that they could face enforcement action if they do not follow the rules.

They must provide the information that patients need so they can make a genuine comparison of clinics, including on price and success rates, and ensure they do not mislead patients, for example around the effectiveness of their treatments and what they will be paying.

Clinics must also ensure they do not mis-sell treatments, such as “add-ons” – optional extras offered by some clinics that can cost up to £2,500 per cycle.

Last February, the CMA raised concerns about some fertility clinics’ practices, such as providing unclear price information and advertising misleading success rates. It also identified a general lack of awareness that consumer law applies in the sector.

The regulator has worked with broadcaster Lorraine Kelly on a video that encourages people to read its guide for patients when buying treatment.

It has also written to clinics to draw their attention to the guidance, in partnership with the HFEA and Advertising Standards Authority (ASA).

The letter sets out the CMA’s expectation that clinics review and, if necessary, change their terms and practices to ensure they are meeting their legal obligations.

“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 ASA has also issued an enforcement notice to clinics about how the services are advertised, in particular on their own websites.

HEFA chairwoman Julia Chain said: “As the fertility regulator, we have long been concerned about how some clinics offer their services, but our regulatory powers do not allow us to tackle the commercial aspects of the modern fertility market, where most patients pay for their own treatment.

“We welcome the opportunity to work with the CMA and ASA to develop this new guidance in this unique area of healthcare. This is a major step forward for fertility patients as it provides added protection by ensuring that all clinics adhere to consumer and advertising law in addition to our regulatory requirements.

“By working together with other regulators, we can combine our powers to provide added protection in an evolving, competitive and commercial healthcare market.”

Marta Jansa Perez, director of embryology at the British Pregnancy Advisory Service, said: “Having worked in the NHS for years I know how outstanding that service can be, but I also know there are significant gaps in funding which leave patients no option but to have private treatment.

“All patients deserve a transparent service and comprehensive support from their fertility clinic at every stage of their fertility journey. It’s great to see the CMA recognise that by issuing this robust guidance to clinics, and especially highlighting the importance of transparent information.”

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