Showcasing transformations resulting from cosmetic procedures using before-and-after images
The German Federal Court of Justice (BGH) has provided clarity on the legal rules governing advertising for minimally invasive cosmetic treatments such as Botox and hyaluronic acid injections. According to the court's recent assessment, advertising these procedures using before-and-after images that depict comparative physical changes of a patient is prohibited outside of professional circles under the German Medicines Advertising Act.
This restriction is due to the fact that such minimally invasive treatments are considered non-essential surgical plastic interventions, which are subject to stringent advertising regulations aimed at protecting consumers and ensuring truthful marketing. The case leading to this decision involved the Consumer Protection Agency of North Rhine-Westphalia suing a company (Aesthetify) for using comparative images on their website and Instagram, leading to an injunction against such advertising.
The Higher Regional Court of Hamm had already ruled that advertising with before-and-after images must cease, and the BGH's preliminary stance aligns with upholding this ruling. This ensures that advertising remains within professional and ethical boundaries to protect consumer interests and maintains stringent control over claims made about cosmetic procedures.
However, doctor-influencers "Dr. Rick" and "Dr. Nick," who run the company Aesthetify, argue that the use of before-and-after pictures may not be covered by the legal ban on comparative pictures, as the treatments they offer have a "completely different risk profile" compared to operative plastic surgical interventions. This "different risk profile" is comparable to a tattoo or an ear piercing, according to the doctors.
The plaintiffs argue that the use of before-and-after pictures may pose a danger to consumers, as it may lead them to overlook the risks associated with the treatments, such as swellings, bruises, infections, allergic reactions, and emboli. Lawyer Punsmann, who is representing the Consumer Protection Center, expressed optimism that the decision will be in favor of the center.
The market for beauty treatments is large and fiercely contested, with providers without proven expertise often resorting to advertising violations. The conference of consumer protection ministers decided in May to further restrict advertising for cosmetic surgery. Aesthetify has since stopped using before-and-after pictures to advertise beauty treatments.
[1] The full decision by the Higher Regional Court of Hamm can be found under Az. I ZR 170/24.
- In the realm of health-and-wellness, the prohibition on using comparative before-and-after images in advertisements for skin-care treatments like Botox and hyaluronic acid injections extends beyond professional circles, as declared by the German Medicines Advertising Act.
- The science behind medical-conditions necessitates stringent advertising regulations for non-essential surgical plastic interventions, such as minimally invasive cosmetic treatments, so as to ensure truthful marketing and protect consumer interests.
- The debate over the use of before-and-after pictures in advertising for skin-care treatments continues, with some argueing that such procedures, like those offered by Aesthetify, have a "different risk profile" akin to tattoos or ear piercings, and thus may not be subject to the same advertising restrictions.
