zeit.de
German Court Rules on Before-and-After Photos in Cosmetic Treatment Ads
Germany's Federal Court of Justice is deciding if before-and-after photos advertising minimally-invasive cosmetic treatments like Botox and Hyaluronic acid violate advertising laws; a consumer protection agency sued Aesthetify, a company run by prominent doctors, for using such marketing materials, and a lower court ruled against them.
- What are the immediate implications of the BGH's decision regarding the legality of using before-and-after photos in advertising minimally invasive cosmetic treatments in Germany?
- The German Federal Court of Justice (BGH) is reviewing whether before-and-after photos advertising minimally invasive cosmetic treatments like Botox and hyaluronic acid injections violate Germany's Medicinal Products Advertising Act. Aesthetify, a company run by well-known doctors and influencers, is the defendant. They stopped using such images, but the plaintiff, the consumer protection agency of North Rhine-Westphalia, seeks an injunction.
- What are the arguments for and against classifying minimally invasive cosmetic procedures as 'operative plastic surgical interventions' under the Medicinal Products Advertising Act?
- The case hinges on the interpretation of 'operative plastic surgical interventions' in the act. The court must decide if minimally invasive procedures fall under this definition, impacting how such treatments are advertised. The lower court ruled that the procedures did qualify, emphasizing that the law requires no scalpel to be considered an 'operative' intervention.
- What systemic changes are needed to address the widespread issue of misleading advertising within the German cosmetic surgery market, and what are the potential long-term impacts of this case?
- A ruling against Aesthetify could significantly affect the marketing of minimally invasive cosmetic procedures in Germany, potentially leading to stricter regulations and greater transparency across the industry. The consumer protection agency's broader concern is the rampant misleading advertising in the cosmetic surgery market, suggesting a need for comprehensive legislative reform.
Cognitive Concepts
Framing Bias
The framing emphasizes the concerns of the consumer protection agency and the potential risks of the procedures. The headline and introduction immediately establish the legal challenge and the potential harm to consumers, setting a critical tone before presenting the perspective of the defendants. The article then presents the defendant's arguments, but these arguments are placed later and potentially seen as less credible due to this initial framing.
Language Bias
The article uses fairly neutral language. However, terms like "Wildwuchs im Netz" (wild growth on the internet) could be seen as loaded, implying a lack of control and potential harm. A more neutral term, such as "rapid expansion of online advertising", would convey the same information without such negative connotations.
Bias by Omission
The article focuses heavily on the legal dispute and the views of both the plaintiff (Verbraucherzentrale) and the defendant (Aesthetify), but it omits discussion of potential benefits of these procedures or alternative perspectives on the risks involved. While acknowledging the risks mentioned by the plaintiff's lawyer, a balanced perspective acknowledging potential benefits and the views of patients who find these treatments beneficial would strengthen the article.
False Dichotomy
The article presents a false dichotomy by framing the debate as solely between allowing or prohibiting before-and-after pictures. It overlooks the possibility of alternative regulatory approaches, such as stricter guidelines on the disclosure of risks or requirements for more balanced representation of potential outcomes in advertising materials.
Gender Bias
The article uses gender-neutral language throughout. However, the focus on cosmetic procedures that primarily target women might inadvertently perpetuate a gender bias by implicitly associating these treatments solely with female consumers. More explicit attention to the use of these treatments by men might provide more balanced coverage.
Sustainable Development Goals
The article highlights the risks associated with minimally invasive cosmetic procedures like Botox and Hyaluronic acid injections. The focus on the potential for misleading advertising through before-and-after photos, which may downplay risks such as swelling, bruising, infections, allergic reactions, and embolisms, directly impacts the health and well-being of consumers. The lack of transparency regarding potential negative health consequences poses a risk to consumer health. The case underscores the importance of responsible advertising in the medical field to ensure informed consent and protect patient health.