Court of JusticeDecides on Advertisements for Cosmetic Procedures
In a significant development, the Higher Regional Court of Hamm has classified treatments offered by the aesthetic company Aesthetify as operative plastic-surgery interventions. This decision comes as the company faces a lawsuit by doctors and influencers "Dr. Rick" and "Dr. Nick."
The lawsuit, with case number Az. I ZR 170/24, is set to be heard by the Federal Court of Justice (BGH) on Thursday at 9:00 AM. The dispute revolves around the advertising of minimally invasive aesthetic procedures like Botox or hyaluronic acid injections, which are generally prohibited outside professional circles in Germany due to strict legal regulations.
Under German law, advertising such procedures with before-and-after images is forbidden for the general public. This ban is enforced by the German Medicines Advertising Act, which prohibits advertising non-essential surgical plastic procedures through comparative before-and-after depictions of a patient's physical state or appearance.
The Higher Regional Court of Hamm's ruling against Aesthetify, which ordered the company to cease and desist last August, aligns with this regulation. The court stated that any instrument used to alter the shape and appearance of organs or the body surface is sufficient to classify an intervention as an operative plastic-surgery intervention.
Aesthetify, based in Recklinghausen and operating at six locations in Germany, argues that minimally invasive treatments with Hyaluron or Botox do not fall under this description. However, the court's stance remains that such comparative advertising is only allowed within professional or medical circles, not targeted to consumers broadly.
The consumer center of North Rhine-Westphalia filed a lawsuit against Aesthetify, alleging a violation of the Medicinal Advertising Act. The lawsuit involves images showing patients before and after treatment, which Aesthetify published on Instagram and its website.
The managing directors of Aesthetify, Henrik Heuveldop ("Dr. Rick") and Dominik Bettray ("Dr. Nick"), argue that the interventions have "a completely different risk profile," comparable to tattoos or ear piercing. They emphasize that the risk profile for aesthetic treatments is different compared to medical treatments.
The upcoming oral hearing at the Federal Court of Justice will determine the final ruling on this case. The decision will further clarify the boundaries of what constitutes operative plastic-surgery interventions and the advertising restrictions for such procedures in Germany.
The ongoing lawsuit against Aesthetify, specifically case Az. I ZR 170/24, challenges the advertising of minimally invasive aesthetic procedures such as Botox or hyaluronic acid injections, which are considered health-and-wellness treatments subject to strict German legal regulations. The Higher Regional Court of Hamm's ruling against Aesthetify, based on the Medicinal Advertising Act, classifies these treatments as operative plastic-surgery interventions in the realm of science and medical-conditions.
