CARRINGTON HICKEY
<Contributor>
In the race against time, men and women are increasingly trying to reduce or revert the visible signs of aging. For those hesitant to go under the knife, injectable dermal fillers and Botox Cosmetic Injections have become a viable alternative. Over the past decade, Botox has experienced a surge in popularity throughout North America and Europe. In fact, Botox injection is among the most common minimally invasive cosmetic procedures in Canada.
Botox is a protein and toxin derived from the Clostridium botulinum bacterium. Botox is injected into the underlying facial musculature to prevent the muscles from contracting. This reduces wrinkles and – theoretically – gives skin a more revitalized, youthful appearance. However, Botox treatments are not without risk. Botulinum toxins are among the most lethal naturally occurring poisons known to man. The safety and effectiveness of Botox greatly depends on the accuracy of the dosage and, in turn, the proficiency of the person administering the injection. The consequences of inappropriate dosages or improper injection can be life threatening.
According to its product monograph, Botox should only be administered by a qualified and experienced physician. Yet, any medical doctor can legally perform an array of non-invasive cosmetic procedures, including Botox injections, without specialized training. Perhaps more frightening is that unlicensed individuals with no medical training are increasingly offering Botox at spas, nail salons, and online. Any departure from the product monograph constitutes a violation of the Food and Drugs Act. However, unlicensed individuals appear to be slipping through the cracks.
The Canadian Broadcasting Corporation (CBC) conducted an undercover investigation of several “medical spas” offering Botox injections. Some of the spas advertised that a physician would administer the Botox. Upon further inquiry, some of the Botox providers admitted that they had no medical licence. Although the worldwide manufacturer of Botox only sells its product to licensed physicians, individuals with no medical training can readily purchase counterfeit Botox online from China, Turkey, and Mexico. Real Botox bears a holographic label to distinguish itself from knock-offs.
So why are individuals and companies permitted to blatantly contravene the Food and Drugs Act? The answer may be rooted in prevailing public attitudes towards cosmetic procedures. Cosmetic surgery is often seen as a narcissistic pastime of the rich and bored, and many feel that caveat emptor should apply to elective and privately funded cosmetic procedures. However, such perceptions should not influence the regulation of the industry. This dichotomy not only fails to recognize the immense pressure on women – and men – to pursue eternal youth and aesthetic perfection, but also puts the health and well being of Canadian consumers at considerable risk.
Carrington Hickey is a 1L and the Executive Secretary of the Health Law Association.