Ban on Before-And-After Photos for Purely Aesthetic Dermal Fillers

The Federal Court of Justice (BGH) confirms the legal opinion of the Cologne Higher Regional Court that before-and-after photos for purely aesthetic dermal fillers are prohibited.

Advertising for Cosmetic Surgery with Before-And-After Photos is Prohibited ❌

The Federal Court of Justice (BGH) confirms the legal opinion of the Cologne Higher Regional Court that no advertising with before-and-after photos is permitted for purely aesthetic dermal fillers, such as with hyaluronic acid.

The question was whether doctors performing aesthetic dermal fillers are allowed to advertise with before-and-after photos. Both the Regional Court (LG) Cologne and the Higher Regional Court (OLG) Cologne considered this inadmissible. The appeal was not allowed, and the complaint against this decision was dismissed by the BGH.

The crucial point in this case is that it is not about the invasiveness of a procedure, but about the risks for the patient. According to the Medicinal Products Advertising Act (HWG), advertising with before-and-after pictures for cosmetic surgery is prohibited to avoid undue incentives. This prohibition also applies to dermal fillers, according to the OLG Cologne, as these also carry risks.

This decision is not isolated: The OLG Koblenz also recently prohibited similar advertising. The topic shows its high relevance in aesthetic medicine, as before-and-after pictures were repeatedly objected to as anti-competitive in 2024.

Aesthetiqua Refrains from Before-And-After Pictures of Treatments

For us as an aesthetic practice, the decision of the Federal Court of Justice means that we will refrain from using before-and-after photos for purely aesthetic treatments such as dermal fillers in our advertising.

The Medicinal Products Advertising Act (HWG) prohibits this form of advertising to avoid creating misleading or excessive incentives for patients. This ensures that aesthetic treatments are not chosen for purely cosmetic reasons, but are consciously and informatively decided upon.

To continue to act legally compliant, we will increasingly focus on transparent and objective information about our services and alternative advertising strategies, such as education about treatment options and their risks.

Alternative to before-and-after pictures?

Question for you: Do you have any ideas on how we can better show you the results of our work? We definitely don’t want to create unrealistic expectations, but since we are no longer allowed to use before-and-after pictures, we are a bit at a loss.

How would you like us to present the results of our treatments transparently and honestly? We welcome any suggestions! Feel free to write them in the comments.