The CMA has published new guidance to make clear clinics’ legal obligations to treat people fairly and to help IVF patients understand their consumer rights

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As part of this, the CMA has teamed up with broadcaster Lorraine Kelly on a video that encourages people to read its guide for patients when buying treatment.

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. It also identified a general lack of awareness that consumer law applies in the sector.

The CMA has therefore developed guidance, working closely with the sector regulator - the Human Fertilisation and Embryology Authority (HFEA). The guidance, which follows extensive public consultation, covers what clinics should do to:

The CMA is promoting the guidance – the first of its kind – to patients and people who may now be considering IVF, especially as more people are now paying for their own 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 on the right side of the law. The CMA will be closely monitoring the sector and will consider taking enforcement action if it believes businesses are not complying.

Louise Strong, consumer director at the CMA, said:

The ASA has today separately issued an enforcement notice to clinics that provides guidance on how clinics should advertise their services.

Further information on the CMA’s IVF work is available on the case page and you can read the ASA’s notice to the sector.

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