Cosmetic surgery giveaway?

Radio giveaways are not unusual. Stuffed animals, smartphones and now also cosmetic surgery? It seems there is no limit to the creativity of radio stations, or is there?

RTL Radio Center Berlin held a giveaway of cosmetic surgery procedures as part of the campaign "Arno zahlt Deine Schönheits-OP!" In doing so, listeners were asked to send their application "confidentially and with a photo of your problem area" to a named doctor. If the applicant's name was then announced at a specific time during the radio broadcast, the broadcaster intended to pay for the cosmetic surgery.

The Wettbewerbszentrale (competition center) saw this as a violation of the Heilmittelwerbegesetz (HWG) and objected to the giveaway (Press release dated 24.02.2017). Previously, the Wettbewerbszentrale had already stopped a giveaway of breast surgery procedures (Press release dated 16.01.2017).

Statutory provisions regarding advertising for cosmetic surgery

Limits on advertising in the health sector are governed by the Heilmittelwerbegesetz (HWG). In particular, outside of specialist circles, it is also not permitted to advertise giveaways for procedures and treatments. In the view of the Wettbewerbszentrale, cosmetic surgery is also covered by this regulation.

The Higher Regional Court (OLG) Koblenz has already confirmed that advertising for cosmetic surgery with before-and-after photos is prohibited (we reported on this). Now that the Wettbewerbszentrale has successfully objected to several giveaways of cosmetic surgery procedures, it can be assumed that these also violate the Heilmittelwerberecht (medical advertising law) and are therefore also contrary to competition law.

Conclusion

When it comes to giveaways of cosmetic surgery, caution is advisable. In addition to a violation of the medical advertising law, such advertising is also contrary to competition law and can be objected to by competitors.