Beauty Treatment Advertisements - BGH Defines Limits
The Federal Court of Justice (Bundesgerichtshof) in Germany has established strict advertising restrictions for minimally invasive cosmetic treatments with Botox or hyaluronic acid. The court emphasized that such advertising must not be misleading, must not play down the medical risks, and must avoid suggesting that such procedures are medically necessary or completely risk-free.
The ruling, identified by the case number Az. I ZR 170/24, was a response to a case involving the company Aesthetify, run by the doctors and influencers "Dr. Rick" and "Dr. Nick." The court's decision protects consumers from manipulative advertising and unrealistic beauty promises on social media.
Advertising for treatments like Botox or hyaluron must not directly or indirectly suggest an absolute guarantee of success or risk-free outcomes. The communication should not create unjustified expectations related to the efficacy or safety of the procedures. Medical treatments advertised must clearly indicate that they involve medical interventions with inherent risks.
Advertising must respect the professional code of conduct and laws regulating medical treatment advertising in Germany, such as the Heilmittelwerbegesetz (HWG - German Act on Advertising for Medicinal Products) and other professional regulations. For minimally invasive treatments, the ads should not be targeted misleadingly at vulnerable groups or imply that such treatments are necessary for health.
These rulings aim to ensure the protection of patient autonomy and informed consent by preventing deceptive advertising practices in the field of cosmetic medical treatments. Aesthetify, based in Recklinghausen, Germany, offers aesthetic treatments such as nose corrections or lip shaping with Hyaluron or Botox at six locations in the country. However, the ruling prohibits the company from using comparative before-and-after images in advertising for these treatments.
Before-and-after pictures are still allowed in medical consultations, but the Consumer Advice Centre NRW holds the opinion that when before-and-after photos in advertising only show the positive outcome, there's a risk that consumers might overlook the risks of the treatment. The Karlsruhe ruling reinforces this view, stating that advertising before-and-after images for aesthetic treatments involving the injection of Hyaluron to change the shape or appearance of the nose or chin is not permitted.
The BGH justified its decision by stating that the ban on comparative images in advertising for minimally invasive procedures serves to counteract unsound influences from potentially suggestive and misleading advertising for medically unnecessary procedures, thereby preventing people from exposing themselves to unnecessary risks that could endanger their health.
In summary, the Federal Court of Justice enforces a cautious and fact-based advertising approach for Botox and hyaluronic acid treatments to prevent misleading claims, especially with respect to safety and guaranteed results. This ensures that patients receive truthful information reflecting the medical nature and potential risks of these cosmetic procedures. Beauty by injection is not a harmless trend, but a medical procedure - and should not be marketed like a lifestyle product.
- The ruling by the Federal Court of Justice (Bundesgerichtshof) in Germany prohibits companies from using comparative before-and-after images in advertising for minimally invasive cosmetic treatments, such as those offering nose corrections or lip shaping with Hyaluron or Botox.
- In order to protect patients from manipulative advertising and unrealistic beauty promises, such as those suggesting risk-free outcomes, the court has established that the advertising of medical treatments must clearly indicate their medical nature and potential risks, including those associated with cosmetic procedures like Botox or hyaluronic acid.
- The advertising of beauty and fashion products, including skin care, must also avoid misleading claims, especially with regards to safety and guaranteed results. Consumers should be aware that health-and-wellness, lifestyle, fashion-and-beauty, and even science-related products can have implications for one's medical-conditions, and as such, accurate and truthful information must always be provided.
