Influencer advertising for cosmetics, beauty and aesthetic treatments: claims, filters and medicinal promotion law

Cosmetics, Beauty & Aesthetics: What matters

According to the EU Cosmetics Regulation, cosmetic products must not be advertised with properties that they do not have. The common criteria for advertising statements require that claims are true, proven, honest and fair. Above all, promises of action that go beyond the cosmetic effect and bring the product close to a drug are problematic, as well as representations whose result is falsified by filters or retouching.

In the case of beauty treatments such as injections, lasers or cosmetic surgery, the Medicines Advertising Act also applies. It prohibits, among other things, before and after representations for surgical plastic surgery without medical necessity and advertising for such interventions, which are mainly aimed at minors. According to case law, minimally invasive treatments such as injections can also be included. We advise creators, brands, clinics and practices.

Typical situations in which we help

• Apply skin care, make-up or hair care.
• They show results with before and after images.
• They cooperate with a clinic or practice for aesthetic treatments.
• They bring their own cosmetic line onto the market.
• You have received a cease-and-desist letter for a beauty claim.

Legal basis at a glance

Cosmetic Claims

Statements on the cosmetic effect that have been proven are permissible. Statements such as heals acne or against neurodermatitis make a cosmetic an advertising drug and are not permitted. Even free-of-statements must not be misleading.

Filter and Retouch

If the result of a product is embellished with filters or image processing, there is regular misleading. Filters should not be used for product effects.

Aesthetic Treatments

The Medicines Advertising Act and medical professional law apply to interventions. Before and after pictures, advertising with discounts on interventions and sweepstakes for treatments are particularly risky.

Own cosmetic line

Anyone who places cosmetics on the market needs a responsible person in the EU, a safety report, a product information file and a notification in the EU portal.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Disease-related promises of action for cosmetics.
• Show product effects with filters.
• Before and after beauty treatments.
• Start a cosmetic line without responsible person and notification.