The advertising properties of the presentation on the clinic’s website also result from the selection of the images. Only pictures of successful interventions can be seen. They would be announced on the upstream page as the surgeon’s best results. On the other hand, pictures of complications and unsuccessful operations are only announced for personal consultation. No reference is made to the risks associated with such interventions. This selection aims to induce potential customers to undergo such interventions.
A Previous Registration Of Potential Patients By Email Does Not Change Anything In The Violation
In the reasons for the decision, the court stated that the legislature not only prohibits representations that depict something in an abusive, repulsive or misleading manner, but also completely prohibits the use of this advertising material. The previous information that the images are only accessible to patients who have already been thoroughly informed are just as unsuitable as the previous registration of potential patients by e-mail to give the presentation a permissible content. Even if the defendant had registered and provided the information before viewing the images, he would make these images available to everyone. You could develop your advertising effect freely.
It Is Constitutional To Prohibit Advertising With Before-And-After Pictures
In its reasons for the decision, the court also stated that the ban on advertising with before-and-after pictures for cosmetic surgery was in accordance with the Basic Law. Cosmetic surgery was done in a commercial context. They were not made because of a medical need, but solely for other reasons. The doctor uses his medical skills for purposes other than medical ones. The interest in information of his patients should also be assessed differently than that of the patients whose treatment is medically indicated. The cosmetic surgeon’s patients expose themselves to the dangers inherent in every procedure without medical cause. The relative advertising ban is therefore proportionate. It is also suitable to serve health protection. By preventing potential patients from
Ultimately, the court also made it clear that the fact that a large number of before and after pictures are available on the Internet is irrelevant for the evaluation of the Internet presence in the present dispute. Prohibited behavior does not become permitted behavior because others also violate the prohibition.