"Advertisements for Hyaluron injections will not utilize before-and-after comparisons, as ruled by the German Federal Court of Justice."
Federal Court of Justice Sets Standards for Advertising Minimally Invasive Aesthetic Procedures
The Federal Court of Justice (BGH) in Germany has established important guidelines for the advertising of minimally invasive aesthetic procedures such as hyaluronic acid injections, following a case against the company Aesthetify.
Key points from the BGH ruling:
- Strict Regulation of Advertising Content: Advertising for these procedures must be truthful, neither misleading nor creating unjustifiable expectations.
- Prohibition of Promotional Claims Without Adequate Evidence: Advertisements must be backed by robust scientific evidence, and cannot promise results that are not reliably achievable or guarantee effects.
- Avoidance of Medical Advertising That Suggests Cosmetic Procedures are Fully Risk-free: Promotions must not give the impression that aesthetic procedures carry no risks or side effects.
- Requirement for Clear and Balanced Information: Advertisements should clearly communicate both potential benefits and possible risks/limitations to ensure informed consent and prevent consumer deception.
- Health-Related Claims are Particularly Sensitive: Given the medical nature of these procedures, their advertising is subject to stricter regulations under professional and consumer protection laws.
Implications of the BGH Ruling
The BGH's ruling against Aesthetify confirmed that advertising for hyaluronic acid injections and similar minimally invasive aesthetic procedures must adhere to high standards of truthfulness and evidence. Advertisements cannot be misleading, exaggerate benefits, or downplay risks, preserving patient safety and informed decision-making.
The ruling prohibits the advertising of these procedures with before-and-after images, a practice that was found to be a violation by the North Rhine-Westphalia Consumer Center in the case of Aesthetify. The ruling applies to all companies offering operative plastic surgical procedures, not just Aesthetify.
It's important to note that the ruling does not affect the legality of the aesthetic treatments offered by Aesthetify, which include nose corrections or lip shaping with hyaluronic acid or Botox at six locations in Germany. However, the company's advertising practices will need to comply with the new guidelines.
Aesthetify, run by doctors and influencers "Dr. Rick and Dr. Nick", is based in Recklinghausen, Germany. The company published before-and-after images of patients on Instagram and its own website, which are now prohibited under the BGH's ruling.
The ruling classifies certain aesthetic treatments involving hyaluronic acid injections as operative plastic surgical procedures, expanding the ban on before-and-after advertising to include a wider range of these procedures. The Medicinal Products Advertising Act prohibits comparative representations before and after an operative, plastic surgical procedure that is not medically necessary.
The BGH's ruling does not affect advertisements for non-operative, non-surgical aesthetic procedures. The court's ruling also reiterates that advertising with before-and-after images for operative plastic surgical procedures is not permitted.
- Strict regulations regarding advertising for minimally invasive aesthetic procedures in North Rhine-Westphalia, such as those related to health-and-wellness, skin-care, and fashion-and-beauty, should adhere to guidelines set by the Federal Court of Justice, ensuring truthfulness and evidence-based claims.
- The ruling by the Federal Court of Justice has implications for the advertisement of medical-conditions related treatments, as it prohibits the use of before-and-after images, impacting various industries like science and lifestyle.
- The legislation on advertising minimally invasive aesthetic procedures, such as those provided by Aesthetify, extends to other regions of Germany, encompassing a wide range of treatments including skin-care procedures, influencing advertising practices in the fashion-and-beauty industry.
