Medical practitioners on trial: TikTok professionals facing legal scrutiny
In a recent development, a court case involving Dr. Henrik Heuveldop and Dr. Dominik Bettray, better known as Dr. Rick and Dr. Nick, and their company "Aesthetify," has caused a stir in Germany. The case revolves around the use of before-and-after pictures in advertising for minimally invasive aesthetic treatments, specifically injections, which are gaining popularity as a solution for various beauty problems.
The Medicinal Advertising Act (HWG) in Germany prohibits the visual advertising of non-essential surgical and minimally invasive aesthetic procedures, such as those involving hyaluronic acid or Botox, without a medical necessity being present. This law also prohibits the use of before-and-after images in advertisements targeting the general public.
The lawsuit, filed by the consumer center of North Rhine-Westphalia, alleges that before-and-after pictures were used on Aesthetify's website and social media platforms, including TikTok, to advertise their services. This violation of the HWG has raised societal questions about the impact of social media on developing desires for aesthetic treatments.
Dr. Rick and Dr. Nick's videos on TikTok aim to inform consumers about alternatives to classic operations, such as nose correction or facelift, using minimally invasive treatments. However, the doctors do not address whether it is allowed to work with before-and-after pictures in personal consultation, but only about advertising with them.
Aesthetify practices predominantly offer whole-face injections, and their increasing popularity demonstrates how quickly beauty standards promoted on social media can change. The increasing number of people opting for lip fillers using hyaluronic acid, or the shift in body ideals seen with the Kardashians, underscores this point.
The algorithm on TikTok often pushes random videos about aesthetic treatments onto the "For You" page, potentially developing desires in users who were not previously interested. This raises concerns about the risk profile of such treatments, particularly in the context of young users, as before-and-after pictures can normalize interventions.
The legal assessment of the court case will determine whether minimally invasive procedures like injections fall under the definition of plastic-cosmetic treatments according to the HWG. Recent lower court rulings have already found such advertising practices to be in violation of the law, and the German Federal Court (BGH) has indicated preliminary alignment with this stance.
As of the current date, there are six "Aesthetify" locations in Germany, one of which is on the Kurfürstendamm in Berlin. The verdict of the court case is still unknown, and it remains to be seen how this case will impact the future of advertising for minimally invasive aesthetic treatments in Germany.
- The court case against Dr. Henrik Heuveldop and Dr. Dominik Bettray, also known as Dr. Rick and Dr. Nick, has raised questions about the use of before-and-after pictures in the advertising of health-and-wellness products, such as skin-care treatments.
- In the realm of entertainment, social media platforms like TikTok are increasingly promoting aesthetic treatments, like lip fillers, which could potentially impact the health of their users, especially the younger demographic.
- The ongoing legal battle concerning "Aesthetify" could influence future advertising strategies in the food, science, and health-and-wellness sectors, as it addresses the use of before-and-after images in advertising for minimally invasive procedures, such as injections.
