German court bans plastic surgeon’s Instagram before-and-after posts for illegal advertising
The Frankfurt Higher Regional Court has ruled against a plastic surgeon who advertised a medically unnecessary surgical procedure on Instagram. The court found that the before-and-after posts violated German advertising laws. The defendant, a plastic surgeon, shared an Instagram Story post about a rhinoplasty to remove a nasal hump. The post included before-and-after photos and videos, which the court ruled as illegal advertising under the Medicinal Products Advertising Act (HWG). The court specified that the ban applies to sequential displays of before-and-after images, not just side-by-side comparisons. The court's decision was based on the finding that the procedure lacked medical necessity, making the advertising illegal. The ruling aims to prevent individuals from being misled into undergoing unnecessary cosmetic procedures with significant health risks. The defendant is prohibited from using comparative advertising via Instagram Story for medically unnecessary surgical procedures. The ruling sets a precedent for future cases, emphasizing the importance of medical necessity in advertising cosmetic surgical procedures. The defendant may appeal the ruling to the Federal Court of Justice (BGH).
