Government body issues ban on before-and-after comparisons in advertising for hyaluronic injections
German Court Sets Precedent for Cosmetic Procedure Advertising Regulations
In a landmark ruling, the German Federal Court (Bundesgerichtshof, BGH) has confirmed that advertising for minimally invasive cosmetic procedures using hyaluronic acid or Botox is tightly controlled under the German Medicines Advertising Act (Heilmittelwerbegesetz, HWG). This law prohibits the use of before-and-after images, patient testimonials, and misleading claims in advertising directed at the general public for non-essential surgical or minimally invasive plastic procedures.
The ruling, which sets a precedent for future cases, was made in response to a high-profile case against the company Aesthetify, run by doctors and influencers "Dr. Rick and Dr. Nick". The Consumer Protection Agency of North Rhine-Westphalia sued Aesthetify for using before-and-after photos on their website and Instagram to advertise treatments using Botox and hyaluronic acid implants.
The BGH, in a recent oral hearing, appeared to align with the ruling of the Higher Regional Court (Oberlandesgericht, OLG) Hamm, which ordered Aesthetify to stop using such images in advertising. The court viewed such advertising as impermissible because it resembles advertising for surgical plastic interventions, which is tightly regulated and largely banned for public advertising.
Under the German medical system, only fully licensed physicians are legally authorized to perform such injectable cosmetic procedures. Marketing claims must be accurate and avoid exaggerations or the implication of guaranteed outcomes. Regulatory oversight also involves the Federal Institute for Drugs and Medical Devices (BfArM), ensuring that marketed products comply with safety standards.
The ruling emphasizes consumer protection by preventing misleading advertising practices that could create unrealistic expectations about cosmetic procedures involving injectable substances like Botox and fillers. The BGH thus confirmed a ruling by the Higher Regional Court of Hamm (Az. I ZR 170/24).
It is important to note that this ruling is specific to the case against Aesthetify and does not necessarily apply to all cosmetic procedures or companies. However, it underscores the importance of adhering to advertising regulations to maintain consumer trust and safety.
Key Points:
- The German Federal Court has confirmed a ruling that advertising for minimally invasive cosmetic procedures using hyaluronic acid or Botox is tightly controlled under the German Medicines Advertising Act.
- The ruling was made in response to Aesthetify's use of before-and-after pictures in their advertising.
- The ruling sets a precedent for future cases involving the advertising of minimally invasive cosmetic procedures in Germany.
- Only licensed medical doctors may perform Botox and hyaluronic acid procedures in Germany.
- Marketing claims must be accurate and avoid exaggerations or the implication of guaranteed outcomes.
- Regulatory oversight involves the Federal Institute for Drugs and Medical Devices.
- The ruling emphasizes consumer protection by preventing misleading advertising practices that could create unrealistic expectations about cosmetic procedures involving injectable substances.
Other areas of legislation in health and wellness, such as nutrition, fitness, and medical-conditions have their own specific regulations. CBD products, for instance, are regulated by the European Food Safety Authority (EFSA) in terms of health claims and safety standards.
The ruling by the German Federal Court might influence the advertising of wellness products in the future, particularly those related to fitness-and-exercise, as any misleading claims could be deemed unacceptable under expanded definitions of healthcare marketing.
Adherence to the principles set by the German Medicines Advertising Act can serve as a model for a holistic approach to product marketing in health-and-wellness domain, ensuring that consumers are protected from misleading information and offered realistic expectations.
