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Timetable

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 HFEAs consultation on Modernising the regulation of fertility treatment and research involving human embryos.

In summary, the CMAs 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 HFEAs 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.

• CMA response to the HFEA consultation (PDF, 279KB) (24.4.23)

Helping patients compare fertility clinics prices

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

In December 2022, as part of the CMAs 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.

• Open letter to overseas clinics (PDF, 120KB) (20.12.22)

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

The CMAs 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.

• Findings report (PDF, 730KB) (23.9.22)
• Open letter to fertility sector (PDF, 192KB) (23.9.22)
• Consumer research report (PDF, 857KB) (23.9.22)
• Press release: Fertility clinics compliance with consumer law: findings published (23.9.22)

Compliance review commences

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

The CMAs 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.

• IVF compliance review: questionnaire for clinics (10.3.22)

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

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