Promote beauty procedures through comparison of initial and enhanced images - Showcasing cosmetic surgeries with pre- and post-operation visuals in advertisements
In Germany, advertising for minimally invasive beauty treatments such as Botox and hyaluronic acid injections is subject to strict regulations aimed at ensuring truthfulness, protecting consumers, and complying with medical advertising rules. These regulations are designed to prevent misleading or unrealistic expectations and to ensure that providers are licensed medical professionals.
Under German law, advertisements must avoid exaggerated performance promises or claims implying permanent changes or guaranteed results. Before-and-after photos must represent typical and verifiable results without exaggeration, and must not falsely suggest universal or permanent effects. Ads for these procedures must be targeted at adults aged 18 and older.
TikTok's advertising policies specific to Germany also reflect these principles by disallowing unregistered or non-certified cosmetic clinics from advertising minimally invasive treatments, and requiring that ads do not make medical claims beyond authorized use. Some platforms, such as Instagram, restrict promotion of Botox and fillers due to their invasive nature.
The Medicinal Advertising Act in Germany prohibits advertising for "operative plastic-cosmetic interventions" that are not medically necessary, including by comparative representation of the physical condition or appearance before and after the intervention. However, the question before the Federal Court of Justice in Karlsruhe is whether minimally invasive treatments like Botox or hyaluronic acid injections fall under this advertising ban.
The case stems from a lawsuit against the company Aesthetify, known for doctors and influencers "Dr. Rick" and "Dr. Nick". The Consumer Center North Rhine-Westphalia is suing the company for advertising beauty treatments on their website and Instagram with before-and-after pictures. The Higher Regional Court of Hamm had previously granted a complaint against Aesthetify and classified minimally invasive treatments as operative plastic-cosmetic interventions.
Aesthetify, however, argues that the treatments they offer are not considered operative plastic-cosmetic interventions by the doctors. The company lists risks associated with the treatments on its website, including swellings, bruises, infections, allergic reactions, and emboli.
The plaintiffs see a danger to consumers in the use of before-and-after photos for advertising beauty treatments, as they may cause consumers to overlook the risks of the treatments. Some argue that these interventions are sometimes sold as "Hyaluron-to-go" in shopping centers, with little information about the potential risks.
Dr. Nick, one of the doctors at Aesthetify, finds it unfortunate that before-and-after photos are no longer used in advertising, as they play a significant role for consumers. Dr. Rick supports transparency and full information for consumers.
The conference of consumer protection ministers decided in May to further restrict advertising for cosmetic surgery, and the Consumer Protection Center North Rhine-Westphalia is pushing for reform to further restrict advertising for cosmetic treatments. The Federal Court of Justice is currently examining the use of before-and-after photos for advertising beauty treatments, and a decision is expected soon.
- Vocational training for medical professionals in EC countries, particularly in the field of health-and-wellness, fitness-and-exercise, skin-care, and nutrition, is crucial to ensure they adhere to advertising regulations, like those in Germany, that protect consumers from misleading claims about minimally invasive beauty treatments.
- In line with the strict regulations in Germany, vocational training for advertising professionals could include understanding the importance of truthfulness, avoiding exaggerated promises, and accurately representing typical results in advertisements for skin care, fitness, and wellness products or services.
- To promote health-and-wellness, fitness-and-exercise, skin-care, and nutrition practices responsibly, vocational training programs could emphasize the need for full disclosure of risks associated with these practices, preventing consumers from overlooking potential dangers and ensuring they make informed decisions.
