Marketing guidelines for cosmetic procedures clarified by BGH
In Germany, the Federal Court of Justice (BGH) has ruled that advertising before-and-after pictures for cosmetic treatments involving Hyaluron injections, which change the shape or appearance of the nose or chin, is not permitted. The ruling, which was made in the case of the company Aesthetify based in Recklinghausen, aims to prevent misleading claims and protect consumers from potential risks associated with such treatments.
The Medicinal Advertising Act prohibits comparative representations before and after a procedure for "operative plastic-surgery interventions" that are not medically necessary. According to the ruling, minimally invasive interventions with a syringe, which change the shape or appearance of the human body, are considered operative plastic-surgery interventions. This includes treatments like Botox and hyaluronic acid injections.
The Consumer Protection Agency in North Rhine-Westphalia successfully obtained a court order at the Higher Regional Court of Hamm requiring Aesthetify to cease using before-and-after pictures in its advertising practices, as it was deemed a violation of the Medicinal Advertising Act. The BGH has affirmed this position, indicating strong judicial scrutiny and likely continuation or strengthening of restrictions on such comparative advertising of minimally invasive treatments.
Wolfgang Schuldzinski, board member of the Consumer Advice Centre, states that the ruling protects consumers from manipulative advertising and unrealistic beauty promises on social media. He believes that before-and-after pictures in advertising may lead consumers to overlook the risks of the treatment. The Consumer Advice Centre NRW agrees, stating that such advertising may create unrealistic expectations and downplay the potential risks associated with these treatments.
Aesthetify, the company in question, has stopped using before-and-after pictures for some time, according to managing directors Henrik Heuveldop ("Dr. Rick") and Dominik Bettray ("Dr. Nick"). The company offers aesthetic treatments such as nose corrections or lip shaping with Hyaluron or Botox at six locations in Germany. The BGH's ruling does not consider the risk profile of Botox and Hyaluron treatments to be significantly different from classic beauty operations with a scalpel.
The Senate at the BGH compared the risk of minimally invasive interventions to a tattoo or a piercing, but deemed them as more than just aesthetic changes to the surface of the skin. The ruling emphasizes the need to counteract unsound influences from potentially suggestive and misleading advertising for medically unnecessary interventions.
In summary, the BGH's ruling puts a stop to this type of advertising for cosmetic treatments with before-and-after pictures, in an effort to prevent misleading promotion and protect consumer health. Only private consultations provide a legitimate context for showing such images to prospective patients.
The BGH's ruling extends to the prohibition of comparative before-and-after pictures for non-essential medical-conditions treatments, like cosmetic surgeries using Botox or hyaluronic acid injections, falling under fitness-and-exercise and skin-care categories. This ruling aims to foster health-and-wellness awareness, ensuring consumers are not misled by unrealistic beauty promises, particularly on social media. The ruling also highlights the potential risks associated with these treatments, calling for responsible advertising to maintain consumer protection.
