Cosmetic procedures without medical necessity are subject to the HWG. The ban on before-and-after images is the most important rule in practice, including on Instagram and TikTok.
Legal framework
- § 1(1) No. 2(c) HWG: surgical cosmetic procedures without medical indication fall under the HWG
- § 11(1) sentence 3 No. 1 HWG: no comparative before-and-after images for such procedures
Case law
- BGH, 31 July 2025, I ZR 170/24 – hyaluronic filler treatments to reshape nose or chin are surgical procedures; before-and-after advertising is prohibited
- OLG Hamm, 29 Aug 2024, 4 UKl 2/24 – the ban also applies on social media
Case examples
Filler before-and-after reel
A clinic posts a reel showing lips before and after filler treatment. Following the BGH, this is prohibited advertising.
Influencer treatment
An influencer receives a free treatment and posts the result. Besides the ad label, the clinic is liable for the HWG breach.
