Before/After
Pictures for
Cosmetic surgery.
Before/After
Pictures for
Cosmetic surgery.
from
Are doctors allowed to advertise cosmetic surgery, in particular by presenting photos of patients before and after treatment, or does such advertising violate the law? The Koblenz Higher Regional Court had to decide this question.
Doctor advertising for cosmetic surgery
A doctor advertised cosmetic surgery, i.e. aesthetic plastic surgery without medical necessity, on the internet. He used photos showing patients before and after the treatment.
Potential patients could only see the images after prior registration by e-mail.
The Wettbewerbszentrale saw this as a violation of the law and took legal action against the advertising. The Wettbewerbszentrale prevailed in the first instance.
The court’s decision
With Judgment of 08.06.2016 – Ref. 9 U 1362/15 the Koblenz Higher Regional Court agreed with the court of first instance. It ruled that the advertising violated the Medicinal Products Advertising Act and was therefore also anti-competitive.
The Medicinal Products Advertising Act prohibits the advertising of cosmetic surgery with the effect of such treatment through comparative depiction of the body condition or appearance before and after the procedure.
With the ban, the legislator wants to prevent people from exposing themselves to the risks associated with a procedure without there being a medical reason for it.
Conclusion
Even if the photos are only accessible to potential customers after prior registration, the advertising of cosmetic surgery with before/after pictures for the purpose of health protection is prohibited.
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