Displaying transformative visual evidence of cosmetic surgeries or treatments
In a landmark case, the Federal Court of Justice (BGH) in Karlsruhe is set to rule on whether the use of before-and-after photos in advertising for minimally invasive beauty treatments, such as Botox and hyaluronic acid injections, is legal in Germany. The case involves the North Rhine-Westphalia Consumer Protection Association suing the company Aesthetify, run by doctors and influencers "Dr. Rick" and "Dr. Nick."
Under German law, cosmetic procedures must be performed by fully licensed medical doctors, and their advertising is highly restricted. The Heilmittelwerbegesetz (HWG) explicitly prohibits before-and-after images, patient testimonials, and misleading claims in advertising for these treatments, as part of the country's efforts to maintain a tightly controlled medical and cosmetic market.
Aesthetify, a company offering such treatments, has been sued for advertising beauty treatments with before-and-after pictures, which is seen as a violation of the HWG. The company's co-founder, Dominik Bettray, or "Dr. Nick," finds it unfortunate that they have stopped using such images, as they play a major role for consumers. However, Henrik Heuveldop, or "Dr. Rick," believes that minimally invasive treatments offered by their company do not fall under the legal ban on comparative images.
Susanne Punsmann, the lawyer for the plaintiff consumer protection association, believes that even if the Federal Court of Justice follows the assessment of the lower instance, there will be more topics requiring action against unauthorized advertising for beauty treatments. The conference of consumer protection ministers decided in May to further restrict advertising for cosmetic surgery, particularly for "operative plastic-cosmetic interventions" that are not medically necessary.
The market for these beauty interventions is large and fiercely contested, with some providers without proven expertise resorting to advertising violations. The risks associated with the treatments offered by Aesthetify, such as swellings, bruises, infections, allergic reactions, and embolisms, are listed on their website. Punsmann emphasizes that these interventions are not as harmless as a haircut, despite their seemingly innocuous presentation. She fears that consumers may overlook the risks if only the positive final result is shown in before-and-after photos.
The question in Karlsruhe is whether minimally invasive treatments such as Botox or hyaluronic acid injections also fall under this ban. The Higher Regional Court of Hamm had previously granted the complaint of the Consumer Association against Aesthetify and ordered them to cease and desist. The outcome of this case could set a precedent for the advertising of minimally invasive beauty treatments in Germany.
- The Heilmittelwerbegesetz (HWG), a German law that regulates cosmetic advertising, explicitly prohibits the use of before-and-after images, patient testimonials, and misleading claims in advertising for medical-conditions related to beauty treatments, including skin-care procedures like Botox and hyaluronic acid injections.
- In the ongoing case against Aesthetify, a company offering skin-care treatments, the question at the Federal Court of Justice in Karlsruhe is whether minimally invasive treatments such as Botox or hyaluronic acid injections also fall under the ban on comparative images.
- The outcome of this case could have significant implications for health-and-wellness companies in Germany, as it may set a precedent for the advertising of minimally invasive beauty treatments, potentially leading to more actions against unauthorized advertising for such treatments.
