Beauty treatments: BGH: No before and after advertising for hyalurone injections

Beauty treatments: BGH: No before and after advertising for hyalurone injections

Beauty treatments
BGH: No before and after advertising for hyaluron spraying






A lot can be changed on the face with hyaluron or botox. The Federal Court of Justice in Karlsruhe now sets the advertising for such minimally invasive beauty treatments.

For minimally invasive beauty interventions such as hyaluron injections, companies are not allowed to advertise before and after images. The Federal Court of Justice (BGH) decided this in a proceedings against the Aesthetify company by the two well -known doctors and influencers “Dr. Rick and Dr. Nick”. This type of beauty treatment, in which hyaluron is injected into nose or chin, should be assessed as an operational plastic-surgery, the Senate judged.



The defendant company based in Recklinghausen offers aesthetic treatments such as nasal corrections or lip formations with hyaluron or botox at a total of six locations in Germany. Aesthetify published pictures on Instagram and its own website that should show patients before and after treatment.

BGH affirmed operational, plastic-surgical intervention


The Consumer Center in North Rhine-Westphalia saw this a violation of the Memorial advertising Act. This prohibits comparative representations before and after the procedure for “operative, plastic-surgical interventions” that are not necessary medically. At the center of the court proceedings, the question was whether minimally invasive interventions with cannula instead of scalpel falling under this description and thus under the ban.

The BGH affirmed that now. Treatments in which an instrument is intervened in the body of a person and changed their shape or shape are surgical plastic-surgical interventions in the sense of the remedy advertising law, the Karlsruhe judges said. For this effect, it should therefore not be advertised with before and after images. The BGH thus confirmed a judgment of the Higher Regional Court of Hamm. (Az. I ZR 170/24)

dpa

Source: Stern

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