Unveiling restrictions on marketing for aesthetic procedures - BGH sets clear limitations
German Court Bans Before-and-After Pictures in Advertisements for Minimally Invasive Cosmetic Treatments
In a recent ruling, the Federal Court of Justice (BGH) in Karlsruhe has decided that it is not permitted to advertise minimally invasive cosmetic treatments, such as nose corrections or lip shaping with Hyaluron or Botox, using before-and-after pictures. This decision was made to prevent misleading advertising and unsound influences for medically unnecessary interventions.
The BGH's decision is based on the Medicinal Products Advertising Act, which prohibits comparative depictions before and after the procedure for "operative plastic surgical interventions" that are not medically necessary. Treatments in which an instrument is used to intervene in the human body and thereby change its shape or form are considered operative plastic surgical interventions.
The case involved the company Aesthetify, run by the well-known doctors and influencers "Dr. Rick and Dr. Nick". Aesthetify offers aesthetic treatments at six locations in Germany. However, the company had previously distributed before-and-after pictures of these treatments on its website and Instagram.
The Consumer Center North Rhine-Westphalia saw this as a violation of the Medicinal Products Advertising Act and expressed concern that these risks may be overlooked when only positive outcomes are shown in advertising. The risks associated with these treatments include swelling, bruising, infections, allergic reactions, and emboli.
In response to the BGH's ruling, Aesthetify has stopped using before-and-after pictures for some time. The company argues that patients have a right to comprehensive information, including visual impressions. However, the Consumer Center's board member, Wolfgang Schuldzinski, stated that "beauty by injection is not a harmless trend, but a medical procedure - and should not be marketed like a lifestyle product."
The BGH agreed with the Consumer Center's assessment and confirmed an earlier decision of the Higher Regional Court of Hamm. Before-and-after pictures are still allowed in medical consultations.
This ruling is intended to protect consumers from manipulative advertising and unrealistic beauty promises on social media. It emphasizes strict protection of consumer rights in medical advertising, especially where visual claims like before-and-after photos could imply guaranteed or typical results that may not be achieved for every patient.
The risk profile of minimally invasive procedures like Botox and Hyaluron treatments was not considered a factor in the BGH's decision. Cosmetic treatments involving substances like Botox and hyaluron are regulated under the German Heilmittelwerbegesetz (Medicinal Products Advertising Act) and guidelines issued by the German Medical Association, which restrict advertising that could mislead patients using before-and-after imagery.
In conclusion, before-and-after pictures for Botox and hyaluron advertising are generally prohibited under German law and court rulings to avoid misleading consumers about treatment results. This applies to advertising governed by the Federal Court of Justice interpretations and relevant medical advertising regulations.
1) The ruling by the Federal Court of Justice (BGH) has extended the prohibition of before-and-after pictures to advertising for minimally invasive cosmetic treatments that involve substances like Botox and hyaluron, falling under the Medicinal Products Advertising Act and the guidelines issued by the German Medical Association.
2) The BGH decision emphasizes the need for strict health-and-wellness regulations in advertising, particularly in the fitness-and-exercise and skin-care sectors, to protect consumers from misleading information and unrealistic promises.
3) In the arena of medical-conditions and healthcare, consumers must be provided with accurate and comprehensive information to make informed decisions, with the ban on before-and-after pictures aimed at ensuring this in the advertising of Botox and hyaluron treatments.
