Advertisement showcasing results before and after hyaluron treatments prohibited by BGH
In a recent ruling, the German Federal Court of Justice (BGH) has prohibited the use of before-and-after images in advertising for treatments that alter the nose or chin by injecting hyaluron. The judgment, bearing the file number 31 July 2025 - I ZR 170/24, was published on Thursday.
The ruling stems from a lawsuit by a consumer protection agency against a practice that advertised these treatments on its website and Instagram using before-and-after images. Previously, the Higher Regional Court of Hamm had found the same advertising measures violated the Medicinal Products Advertising Act.
The defendant lodged an appeal against the decision of the Higher Regional Court, but it was unsuccessful. The Federal Court of Justice reaffirmed that no advertising is permitted for operative plastic surgery procedures, including those involving hyaluron injections, with comparative representations of the body's condition before and after the procedure.
The BGH emphasised that advertising must not be misleading and that proof must substantiate any claims made in ads. Since before-and-after images imply certain treatment effects, using such images in advertising hyaluron injections would likely require that these images are truthful, not deceptive, and verifiable.
This ruling applies specifically to the practice in question and may have implications for other similar practices. It aligns with general German advertising law principles protecting consumers from misleading claims. However, for a definitive legal ruling on hyaluron injection ads, one would need to consult specific decisions or legal analyses on cosmetic advertising by the BGH or relevant regulatory bodies.
The advertised treatments are classified as operative plastic surgery procedures by the Federal Court of Justice. The BGH's stance on truthful advertising and prohibiting misleading claims underscores the importance of accurate and verifiable advertising for all cosmetic treatments, including those involving hyaluron injections.
In light of the ruling, it's crucial to note that advertising for cosmetic treatments, such as those involving hyaluron injections, should avoid using before-and-after images. This is because such images can imply certain treatment effects and may require proof of truthfulness and non-deceptiveness to be considered non-misleading, as emphasized by the Federal Court of Justice.
Moreover, the importance of truthful advertising extends to all health-and-wellness sectors, including medical-conditions and skin-care products, to ensure consumers are protected from misleading claims.
