Co Down beauty business owner fined £8,000 over breaches in regulations on drugs including Ozempic and Botox

As Nichola Hawes stood in the dock of Downpatrick Crown Court, the 49-year-old was re-arraigned and entered guilty pleas to a total of 25 offences including 14 of selling or supplying prescription-only medicine and 10 charges of possessing prescription-only medicine with intent to supply.

Hawes also admitted a single count of fraud by false representation, with six further offences remaining on the books.

The nurse turned aesthetician spoke only to plead guilty to the charges which relate to various dates between April and December 2022.

She had been on trial last February but that was aborted mid way through and today the court was told the offences came to light during a review of her business, Nichola Hawes Aesthetics, by the Department of Health’s Medicines Regulatory Group (MRG) following the receipt of information on August 8, 2022.

Officers of the MRG found quantities of Hydroxocobalamin – or vitamin B12 – which was ‘reported to be for more than one client’ and that quantities of prescription-only medicines had no labelling as required under the Human Medicines Act.

The review led to the seizure of more than 30 prescription-only medicines and devices, including prescriptions for medicines such as weight loss injection Ozempic and Botox, putting Hawes in breach of MRG legislation, the court heard.

During police interviews, Hawes claimed “she would order extra Botox for repeat clients” but imposing the fines today, Judge Geoffrey Miller KC said the quantity of Ozempic pens in stock exceeded regulatory levels.

Lodging a plea in mitigation, defence KC Eugene Grant emphasised that during the aborted trial, there was evidence from patients they had received excellent treatment from Hawes.

The senior barrister also highlighted that at no time had there been allegations of any risk to anyone.

“There was no issue in relation to any harm,” Mr Grant stressed, before outlining how a debate had been ongoing for many years, surrounding the holding of stock of some of the prescription medicines involved, including Ozempic.

Originally used for Type 2 diabetes patients, it is now widely used by those seeking weight loss, but at the time of the offences, Ozempic pens had been “running short” in the aftermath of the Covid pandemic.

He said that permeated down to the nurse practitioners and pharmacies creating a difficulty in supply so when it was possible, practitioners like Hawes “took the opportunity to stock when it became available’.”

Describing Queens graduate Hawes as an accredited member of a number of professional bodies who had been in long-running “tensions or debate” with government regulators over the holding of stock, Mr Grant told the judge the practice was legal in Scotland

“This has not compromised health,” the defence barrister said, adding that a laxity with regulations had evolved across the UK, resulting in Hawes feeling that she had been singled out for prosecution.

Imposing the fines amounting to £8,000, Judge Miller said it was clear Hawes had ordered prescriptions for clients without their knowledge and took steps to cover her tracks from MRG officials.

Her actions bypassed the usual steps of pharmacists’ checks in dispensing prescription-only medicines, giving her “a competitive edge over other businesses because she had a ready supply for clients which she could supply at a mark-up,” said the judge.

He cited the example of a single Ozempic pen, sold to her for £75 which Hawes was able to sell on for between £140 to £200.

The motivation for the frauds, said Judge Miler was “pure and simple for your financial gain.”