Self-funded IVF: consumer law guidance

The CMA has published guidance for fertility clinics and a guide for patients in the UK to ensure that they understand their obligations and rights under consumer law.

From:
Competition and Markets Authority
Published
7 February 2020
Last updated
8 November 2023 — See all updates
Case type:
Consumer enforcement
Case state:
Open
Market sector:
Healthcare and medical equipment
Opened:
7 February 2020

Timetable

Date Action
April 2023 CMA response to modernising the regulation of fertility treatment and research involving human embryos
April 2023 Helping patients compare fertility clinics’ prices
January 2023 Stakeholders invited to respond to questionnare
December 2022 Open letter to overseas fertility clinics published
September 2022 Compliance review findings published
December 2021 Compliance review begins
June 2021 Consumer Law guidance published. Guide for patients on their consumer rights published
January 2021 Draft consumer law guidance consultation closes
November 2020 Draft consumer law guidance issued for consultation
7 February 2020 Case opened

Helping patients compare fertility clinics’ prices

November 2023: Update on helping patients compare fertility clinics’ prices.

Having carefully considered the feedback from stakeholders following the roundtables in March 2023, the CMA has developed a revised proposal which involves clinics displaying average amounts paid by their patients for a cycle of treatment at their clinic. Following a further set of roundtables in July 2023 to discuss this proposal, we are considering feedback from stakeholders and expect to write to fertility clinics with an update in December 2023.

CMA response to modernising the regulation of fertility treatment and research involving human embryos

24 April 2023: The CMA has published its response to the HFEA’s consultation on ‘Modernising the regulation of fertility treatment and research involving human embryos’.

In summary, the CMA’s response says that it considers the fertility sector to be complex, with a range of factors that can make patients particularly vulnerable consumers. The focus of the existing legislation is on the safety and social implications of fertility treatment. The CMA view is that the HFEA’s regulatory powers should be updated to also cover the welfare and consumer interests of patients. This would include giving the HFEA a greater range of regulatory tools and sanctions so that it has greater flexibility and speed to make rules on standard licence conditions, is better able to take a proportionate approach when non-compliance is found through the use of fining powers and is able enforce more aspects of its Code of Practice. Most importantly, the HFEA should have an explicit duty to protect and ensure fair treatment of patients as consumers.

Helping patients compare fertility clinics’ prices

24 April 2023: Update on helping patients compare fertility clinics’ prices.

In December 2022, as part of the CMA’s work to consider the feasibility of developing a consistent approach to what clinics include in the headline price they advertise for a cycle of treatment, the CMA invited views from stakeholders via a short questionnaire. After analysing the responses to the questionnaire, in March 2023 the CMA hosted four roundtable events to further explore with stakeholders how a more consistent approach might work in practice.

We are currently considering the feedback received from stakeholders and expect to write to fertility clinics with an update in May 2023.

Update - December 2022

Open letter to overseas fertility clinics

The CMA has published an open letter to overseas based fertility clinics that advertise their services to UK consumers to make them aware of their obligations under UK consumer law.

Questionnaire on developing a consistent approach to what clinics include in the headline price they advertise for a cycle of IVF

The CMA’s review of consumer law compliance in the fertility sector (PDF, 730KB) identified significant differences in the treatment and services that clinics include in the package price they advertise for a cycle of IVF. The CMA is concerned that this can make it difficult for prospective patients to easily and meaningfully compare clinics’ prices at the point they are researching and shortlisting clinics.

The CMA is of the view that developing a consistent approach to what clinics include in the headline price they advertise for a cycle of treatment would be valuable for patients. To consider the feasibility of this, the CMA is inviting stakeholders to share their views by completing a short questionnaire. If you would like a copy of the questionnaire, please contact: ivfconsumerlawcompliance@cma.gov.uk.

The deadline for submitting completed questionnaires to the CMA is 10 January 2023.

We expect to provide an update on our next steps in February 2023.

Compliance review findings

23 September 2022: The CMA has published a Report setting out the findings from our compliance review, and an open letter to the sector setting out the action we expect them to take in light of our findings.

As part of the review, we wrote to certain clinics setting out the specific compliance issues we had identified with them. All clinics we contacted have subsequently made changes to address compliance concerns we highlighted to them. Examples of the positive changes made can be found in the Report. We welcome the constructive approach generally adopted by clinics.

In addition to the Findings Report, we have also published a report setting out the findings from the latest patient research we commissioned which looks at how self-funding IVF patients choose between clinics and treatment options.

Compliance review commences

7 April 2022: The CMA’s questionnaire for the fertility sector is now closed. We would like to thank respondents for sharing their views.

The CMA’s compliance review is ongoing. We expect to publish a summary of our findings from the compliance review in Summer 2022.

10 March 2022: As part of its compliance review, the CMA has published a questionnaire for the fertility sector inviting views on awareness and understanding of its consumer law guidance for fertility clinics.

The CMA is interested in hearing from clinicians, embryologists, nurses, and others in the sector.

The questionnaire is open until 6 April 2022.

1 December 2021: Following publication in June of guidance for fertility clinics on their consumer law obligations, the CMA has commenced a review to assess compliance with the law across the sector.

Final guidance published

10 June 2021: The CMA has published its final guidance for fertility clinics to help them understand and comply with their existing obligations under consumer law. The CMA has also published a guide and a short video for fertility patients to help them understand their consumer law rights when purchasing fertility treatment.

Jointly with the sector regulator, the Human Fertilisation and Embryology Authority, and the Advertising Standards Agency, the CMA has written to fertility clinics drawing their attention to the guidance. The letter sets out our expectations that clinics review, and if necessary, amend their practices and terms to ensure that they comply with consumer law. Other businesses in the fertility sector should also read this guidance so they too can consider what they need to do to ensure they comply consumer law.

In December 2021 the CMA will begin a review of the sector’s compliance with consumer law. Should we find evidence of non-compliance we will consider whether further action such as enforcement is necessary.

Update on CMA guidance on consumer law for IVF clinics in the UK

Consultation extension

5 January 2021: The CMA is consulting on draft consumer law guidance for fertility clinics. In light of feedback from stakeholders at the roundtable events held in December 2020, the impact from the Coronavirus (COVID-19) pandemic and requests for extensions, the CMA is extending the deadline for response to the consultation to the end of January 2021.

The CMA invites interested parties to respond to the questions posed in the consultation document by no later than 5pm on Friday 29 January 2021.

The CMA plans to publish the final version of its consumer law guidance later in the Spring of 2021.

The follow-up compliance review across the fertility sector will take place approximately six months after publication of the final guidance.

Draft consumer law guidance and consultation

3 November 2020: The CMA has issued, for consultation, draft consumer law guidance for fertility clinics. The purpose of the guidance is to help providers of fertility treatment to patients in the UK understand and comply with their existing obligations under consumer law.

In addition to the draft guidance and consultation document, the CMA is publishing the outcome of research it commissioned on the experiences of patients who have paid for fertility treatment. The research findings have helped inform the draft guidance.

The CMA invites interested parties to respond to the questions posed in the consultation document no later than 5pm on Tuesday 5 January 2021.

As part of its consultation, the CMA is also planning to hold stakeholder roundtable events in December 2020. The events will be held virtually. To ensure we can accommodate all stakeholders that wish to attend, numbers will be limited to one place per clinic/organisation, based on the order in which they were received. If you are interested in attending one of the roundtables, please email: ConsumerLawIVFTeam@cma.gov.uk by Friday 13 November 2020.

The CMA plans to publish the final version of its consumer law guidance, in March 2021. Alongside this, the CMA will also issue a short guide for IVF patients to help raise awareness of their consumer rights.

17 June 2020: The CMA’s work to develop consumer law guidance for the Fertility Sector in the UK is continuing. The CMA is continuing to speak to stakeholders and to undertake research.

In light of the significant impact the Coronavirus (COVID-19) pandemic has had on the Fertility Sector in the UK, the CMA has revised its timetable.

The CMA expects to publish the draft guidance for consultation in November 2020 and to publish the final guidance in March 2021. The stakeholder event scheduled for April 2020, which was cancelled due to COVID-19, will take place later in the year.

9 April 2020: The CMA is aware of the severe impact that Coronavirus (COVID-19) has had on the Fertility Sector in the UK, with clinics directed by the sector regulator to stop fertility treatment by 15 April 2020, until further notice.

The CMA recognises this disruption to IVF services; but considers that its work on developing consumer law guidance for the sector remains important for the protection of consumers and will be continuing its work in this area.

However due to the current crisis the consultation on the guidance will now be released in late 2020.

Summary

7 February 2020: The Competition and Markets Authority (CMA) is undertaking work to develop guidance for IVF clinics in the UK. Currently, there is no written guidance on consumer protection law for the IVF sector.

The CMA is therefore concerned that clinics might not be aware of their obligations, and so is producing guidance which will cover issues such as:

  • Price transparency: Clinics should present clear and upfront prices for their treatments.
  • Potential mis-selling of treatments: Patients should not be mis-sold ‘add- on’ treatments, which are offered by some clinics and can cost up to £2,500 per cycle.
  • Success rates: Clinics should not mislead patients about how successful their treatments are and should ensure that rates are accurate and up to date on their websites and in advertising.
  • Unfair terms: Terms and conditions should be fair and transparent.

The CMA will be engaging with relevant stakeholders in the sector, undertaking research and working closely with the Human Fertilisation and Embryology Authority (HFEA), to understand more about whether such practices are taking place, and to develop tailored guidance for the sector.

The CMA expects to consult on the guidance in July, and to publish final guidance later in the year. The CMA will also publish advice for patients.

At this early stage, the CMA has not reached a view as to whether consumer protection law may have been broken. However, if it finds evidence that some clinics’ practices and/or terms are misleading or unfair, it could take enforcement action.

The Advertising Standards Authority (ASA) is also looking at the IVF sector and will co-ordinate its work with the CMA and HFEA. The ASA is the UK’s independent regulator of advertising. Its work includes acting on complaints and proactively checking media, to take action against misleading, harmful or offensive advertising, promotional and direct marketing. The ASA will consider all options including the use of an Enforcement Notice to put the sector on notice about the need to comply with the rules.

Contacts

Updates to this page

Published 7 February 2020
Last updated 8 November 2023 + show all updates

  1. Guidance updated

  2. Response to HFEA consultation published.

  3. Open letter to overseas clinics and questionnaire on developing a consistent approach to what clinics include in the headline price they advertise for a cycle of IVF published.

  4. Findings report, open letter to research report and consumer research report published.

  5. Survey for clinics has now closed and compliance review continues.

  6. Compliance review questionnaire for clinics published.

  7. Final guidance published.

  8. Draft consumer law guidance and consultation published.

  9. Case timetable updated.

  10. Update on CMA guidance on consumer law for IVF clinics in the UK.

  11. First published.

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