The CMA review found a mixed picture in terms of clinics’ compliance with consumer law and that self-funding patients are not always getting the information they need to make informed decisions
In February 2020, the Competition and Markets Authority (CMA) raised concerns about some practices by fertility clinics, 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. To help combat this, the CMA published guidance in June 2021 to make clear clinics’ legal obligations to treat patients fairly, and a video and guide to help IVF patients understand their consumer rights.
Following publication of guidance, the CMA committed to review compliance, and the findings of this review – which looked at clinics providing around 40% of self-funded IVF cycles in the UK – have been published today.
The report sets out that:
The CMA has written to certain clinics to highlight specific issues such as failing to provide key price information, advertising misleading success rate claims (including making unsubstantiated superiority claims) and failing to provide important information about treatment add-ons.
All clinics contacted by the CMA following the review have now made changes to their practices to benefit patients. The CMA welcomes their constructive response and calls on all clinics to review their practices and ensure they comply with the law.
As part of its next steps, the CMA plans to hold roundtable discussions with clinics and the sector – including the Human Fertilisation and Embryology Authority (HFEA) – to explore the feasibility of developing a standard approach for what is included in the headline package price for a single cycle of IVF so patients can meaningfully compare clinics.
In addition, the CMA and the Advertising Standards Authority (ASA) have published a joint open letter to ensure clinics comply with consumer law. If they fail to comply the CMA could take enforcement action.
Louise Strong, Director, Consumer Protection at the CMA, said:
Further information on the CMA’s IVF work is available on the Self-funded IVF consumer law guidance case page, including the findings report with recommendations.