Advertisements for hyaluron injections are prohibited from using before-and-after comparisons by the Swiss Federal Supreme Court (BGH)
The Federal Court of Justice (BGH) in Germany has issued a ruling that places strict regulations on the advertising of minimally invasive cosmetic procedures, such as hyaluronic acid injections and Botox, under the German Medicines Advertising Act.
The BGH's decision follows a case initiated by the Consumer Protection Agency of North Rhine-Westphalia against the company Aesthetify, which published before-and-after images of patients on its website and social media platforms. The court's ruling prohibits the use of such comparative images in advertising these types of cosmetic procedures outside professional circles.
According to the BGH, treatments that change a person's shape or appearance by intervening in their body are considered operative, plastic-surgery procedures. This includes minimally invasive procedures using a cannula instead of a scalpel, such as hyaluronic acid injections for nose or chin correction.
The ruling emphasises compliance with the stringent advertising rules for cosmetic procedures, aiming to prevent misleading promotional tactics. The ban on before-and-after images in public advertising is designed to protect consumers from potentially deceptive cosmetic advertising.
Aesthetify, based in Recklinghausen, Germany, offers aesthetic treatments at six locations across the country. The company, run by doctors and influencers "Dr. Rick and Dr. Nick", was the subject of the legal proceedings.
The BGH's ruling does not differentiate between treatments like hyaluronic acid injections and other minimally invasive procedures for the purpose of advertising restrictions. The Medicinal Products Advertising Act prohibits comparative presentations before and after an "operative, plastic-surgery procedure" that is not medically necessary.
This decision underscores the legal framework’s cautious approach to cosmetic procedure advertising, designed to ensure advertisements remain factual and not misleading. Companies advertising such procedures must adhere to these regulations to avoid violating the Medicinal Products Advertising Act.
[1] Source: Federal Court of Justice (BGH) decision, Az. I ZR 170/24, dated 12 May 2022.
- The ruling by the Federal Court of Justice (BGH) in Germany has extended the Medicinal Products Advertising Act to include health-and-wellness products like hyaluronic acid injections, as they are considered operative, plastic-surgery procedures.
- Science is witnessing increased regulation in the advertising of health-and-wellness treatments, as the BGH's decision emphasizes factual and non-misleading information, especially in the promotion of minimally invasive cosmetic procedures such as hyaluronic acid injections.
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