At a glance
- No public advertising of prescription drugs
- No before/after images for cosmetic surgery
- Gifts only within narrow limits
The Medicinal Products Advertising Act (Heilmittelwerbegesetz, HWG) is Germany’s strictest advertising law. It applies to medicines, medical devices, procedures and treatments – including medical and aesthetic services. Breaches are actionable under Section 3a UWG and partly criminal or subject to fines.
Key rules
- misleading advertising (Section 3 HWG), especially unsupported efficacy claims and guarantees of success
- mandatory information (Section 4 HWG)
- ban on public advertising of prescription medicines (Section 10 HWG); in 2026 the BGH held that a platform listing complaints for cannabis therapy and arranging doctor appointments infringes this ban (BGH, 26 March 2026, I ZR 74/25)
- ban on advertising for certain diseases to the public (Section 12 HWG), including diseases added to the Infection Protection Act later (BGH, 21 December 2023, I ZR 24/23)
Prohibited forms of public advertising (Section 11 HWG)
Before/after images for cosmetic surgery – including hyaluronic acid fillers (BGH, 31 July 2025, I ZR 170/24), misleading third-party testimonials, advertising mainly aimed at children under 14, certain prize games and samples.
Gifts and discounts (Section 7 HWG)
Promotional gifts are generally prohibited, with narrow exceptions. Loyalty points for hearing aids are not permissible cash discounts, and the minor-value threshold is applied strictly (BGH, 17 July 2025, I ZR 43/24, PAYBACK).
Case examples
A D-mannose product sold as a medical device was classified by the BGH as a medicinal product; advertising without authorisation is unlawful (9 Oct 2025, I ZR 4/21).
The ban on public advertising under § 12 HWG also covers diseases added to the Infection Protection Act later (BGH, 21 Dec 2023, I ZR 24/23).
An OTC painkiller is presented in influencer stories without the mandatory information under § 4 HWG. It is required on social media too, and the manufacturer is liable.
Influencers
Influencers advertising medicines, supplements or aesthetic treatments are fully subject to the HWG; businesses and influencers are both responsible.
