Portadown-based nurse, who advertised prescription-only Botox from her home 'aesthetics' business, is fined for unlawful possession of unlicensed prescription medicines

Nafeyka Chavdarova, with an address listed as Nafi Aesthetics, Castle Street, Portadown, appeared before Craigavon Magistrates Court on Wednesday.

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The 44-year-old faced nine charges in total. These included one count of advertising prescription-only medicines, namely Botox, five counts of possessing medicinal products with intent to supply and three counts of having an unauthorised medicinal product for sale on March 13, 2024.

A Prosecutor revealed there was a Department of Health investigation regarding breaches of the Human Medicines Regulations. She explained the defendant was employed by the Southern Health Trust as an agency nurse and was registered on the Nursing and Midwifery Council.

The investigation centred on a search carried out on March 13, 2024 by Medicines Regulatory Group enforcement officers by virtue of warrants at her home at Clendenning Avenue, Portadown.

"The defendant appeared to be operating an aesthetics business known as Nafi Skin Clinic from her home address,” said the Prosecutor, adding the search was conducted due to concerns about the supply of prescription-only medicines and its advertising.

She said that “various prescriptions and unlicensed medicines were identified and seized”. "There were a number of licenced prescription-only medicines seized and a quantity of unlicensed medicinal products seized also,” she told the court.

There was also an investigation into social media platforms connected to the defendant. “Evidence showed that on 14 separate occasions between July 18, 2022 and February 3, 2024, advertisements for aesthetic treatments was likely to cause the use of prescription-only medicine,” she said.

Several screenshots were taken, dated September 17, 2023, of a selection of intravenous drips from the social media platform including photos of unlicensed medicinal products.

Chavdarova was interviewed by the Department of Health on May 9, 2024 where she made full admissions and accepted she had advertised prescription-only medicines and unlicensed medicinal products plus made “medicinal claims” on her social media website.

She also admitted having a prescription-only medicine without a valid prescription, possessed unlicensed products and supplied unlicensed products.

The defendant explained during interview she purchased the prescription-only medicine from an online pharmacy which dispenses prescription-only medicines to individuals involved in the aesthetic treatments. “However a prescriber and a prescription is still required for these to be dispensed,” said the Prosecutor.

“These social media platforms offered effective advertising tools for aesthetic clinics but must remain aware of the rules that surround it for medicines,” she said. She said the prescription-only medicines included Botox and were with intent to supply.

Chavdarova’s barrister Mr David McKeown said his client worked in this industry in Bulgaria and came to Northern Ireland for “other employment reasons”.

"Whilst here she thought she would be able to set up a similar business but unfortunately wasn’t fully aware of all the rules and regulations.

"While she was experienced and had the necessary certificates to administer a lot of this she wasn’t au fait with all the technicalities regarding advertising and storage.

"She now is and gets regularly inspected and she’s been given a clean bill of health,” he said, adding the business is “still at a fledgling level” with his client earning approximately £700 per week, on a good week, before her “significant outgoings”.

"She apparently has a registered prescriber who is prescribing the medication to keep herself legal in an attempt to grow her business,” said Mr McKeown, adding his client is hoping to enrol at Manchester University to gain the qualifications necessary to become a prescriber herself.

The barrister said Chavdarova is a single mother with two young children who “struggles to make ends meet and grow the business”.

When asked by District Judge Michael Ranaghan if Mr McKeown was aware of his client’s current status with the Nursing and Midwifery Council, he replied she remains registered and as far as he was aware she wasn’t suspended on an interim basis.

District Judge Ranaghan said: “There could still be action taken by the NMC which is something I am entitled to take into account as well.

"I don’t think you set out at any stage to deliberately harm anyone. Obviously this was financially driven to try and create a business. I have not seen anything in the papers of significant financial gain.

"These are fine only offences and you have two young children to support but the court needs to come up with some form of punishment.”

He fined Chavdarova £80 for each offence – a total of £720 plus the £15 Offender Levy and gave her 26 weeks to pay. He also ordered a destruction order for all the products.

Speaking after the hearing, Peter Moore, senior medicines enforcement officer with the Department of Health, said: "This conviction sends a clear message that there are consequences if a person attempts to bypass the regulated system and controls which are in place to ensure public safety and integrity of the medicines supply chain.

"I would urge people to consider the implications of buying drugs online or from dubious sources – there is no way of knowing what you are buying is what you think it is, and this can have serious consequences for your health."

Also commenting afterwards, Aaron McKendry, interim head of Medicines Regulatory Group, said: "It is extremely important that people take prescription-only medicines after consultation with their GP, pharmacist or other healthcare professional who have access to patient health records and can consider the risks and benefits associated with every medicine.

"The Department is committed to taking all possible steps to stop the illegal promotion, supply or misuse of medicines and when appropriate, to alerting the public about the dangers of using medicines outside of the regulated supply chain."

“These social media platforms offered effective advertising tools for aesthetic clinics but must remain aware of the rules that surround it for medicines.”