Advertising for Dr. Rick and Dr. Nick's Hyaluron product line is prohibited by the BGH. - Hyaluronic acid promotion by "Dr. Rick" and "Dr. Nick" is prohibited by the BGH (Federal Court of Justice)
The Federal Court of Justice (BGH) in Germany has ruled that advertising for minimally invasive cosmetic procedures, such as hyaluronic acid injections, is prohibited when these treatments are not medically necessary and alter physical features like the nose or chin. This decision was made in response to a case against the company Aesthetify, run by the well-known doctors and influencers "Dr. Rick" and "Dr. Nick".
The ruling, which applies to all companies offering similar services, is based on the German Medicines Advertising Act (Heilmittelwerbegesetz, HWG). The HWG aims to protect consumers from being enticed by comparative depictions that suggest surgical-level transformations for non-essential interventions.
According to the BGH, before-and-after images for non-medically necessary cosmetic treatments, such as hyaluronic injections changing the shape of the nose or chin, are forbidden in public advertising. This restriction also applies to social media platforms like Instagram, where Aesthetify had a large following and actively posted such comparative images.
The central issue of the court case was whether minimally invasive procedures using a cannula instead of a scalpel fall under the ban. The BGH confirmed that such procedures are indeed covered, as they present physical changes similar to those of surgical cosmetic ads.
The Healing Products Advertising Act, a German law that regulates the advertising of healing products, including cosmetic procedures, was also referenced in the ruling. The BGH clarified that before-and-after pictures may not be used to advertise the effects of operative plastic surgical procedures under this Act.
Aesthetify, based in Recklinghausen, Germany, offers aesthetic treatments that include hyaluron injections and botox at six locations across the country. However, the BGH's ruling does not specifically mention Aesthetify, but it applies to all companies offering similar services.
The Consumer Protection Agency of North Rhine-Westphalia had previously considered the advertising of "Dr. Rick" and "Dr. Nick" to be a violation of the Healing Products Advertising Act. The BGH agreed, considering treatments that involve intervening in a person's body and changing its shape or appearance as operative plastic surgical procedures.
This ruling clarifies that even minimally invasive procedures that reshape facial features cannot be advertised with comparative visual depictions typically used in surgical cosmetic ads, maintaining consumer protection against misleading advertising. Companies offering such services are advised to review their advertising practices to ensure compliance with the BGH's decision.
- The German Medicines Advertising Act (HWG) is an institution of the place of residence that aims to protect consumers from deceptive advertising of healing products, including cosmetic procedures, by prohibiting comparative depictions that suggest surgical-level transformations for non-essential interventions.
- In addition to traditional public advertising, this restriction also applies to digital platforms such as Instagram, which is a part of the lifestyle and fashion-and-beauty realm, where before-and-after images for non-medically necessary cosmetic treatments are forbidden.
- The ruling issued by the Federal Court of Justice (BGH) in Germany emphasizes science and health-and-wellness by clarifying that even minimally invasive procedures involving physical changes are considered operative plastic surgical procedures and therefore cannot be advertised with misleading comparative visual depictions.
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