Background of the Decision by the Higher Regional Court of Frankfurt am Main
The Higher Regional Court of Frankfurt am Main recently dealt with the issue of the permissibility of comparative advertising in the context of surgical procedures without medical indication under competition law (Case No. 6 U 40/25, ruling dated 11/10/2025). The subject of the proceedings was the communication of a provider on the Instagram platform, promoting plastic surgery services in the form of a story with references to competing treatment offers.
Criteria for Comparative Advertising in Non-Medically Indicated Procedures
Requirements for Permissibility
Comparative advertising is subject to special regulations according to the relevant provisions of the law against unfair competition. A key requirement is that the advertiser must remain within the bounds of factual correctness and not unduly disparage competing services. Additionally, the market must not be inappropriately influenced.
Protection Needs Especially in Cosmetic Surgeries
With regard to treatments that are not medically indicated – particularly in the field of cosmetic surgery – stricter requirements apply. Advertising communication in the digital environment, especially through social media, can contribute to potential patients being inappropriately influenced due to emotional appeals and suggested benefits.
Against this background, the Higher Regional Court of Frankfurt am Main emphasized the heightened need for protection of individuals considering cosmetic procedures. The court opined that the comparative portrayal of surgical methods, claiming to be superior to the services of other providers, could constitute unfair commercial practices.
The Core of the Decision
Evaluation of the Instagram Story
The court explicitly stated that a comparative presentation of services in the sensitive area of non-medically justified procedures is unfair if it creates the impression that one’s own treatment is superior in quality to the services of others without an objective and factual basis. The decision is largely based on the assessment that the risk of undue influence is particularly high in the promotion of such services.
Legal Consequences
The consequences for the advertiser can be far-reaching. The court prohibited the contested advertising measure and pointed out the increased requirements for factual representation in advertising for non-indicated medical procedures. The court’s decision reflects a consistent enforcement of competition law protection mechanisms in the tension between entrepreneurial freedom and the sensitivity of the subject matter.
Significance for the Design of Advertising Content
The decision clarifies the existing standards for comparative advertising in the field of aesthetic treatments. Particularly in the visually and emotionally targeted environment of social media, a high degree of care is required to ensure the protection of the target audience. Advertisers must always exercise particular restraint in communicating such offers and refrain from misleading superiority claims.
Conclusion
The current decision of the Higher Regional Court of Frankfurt am Main makes it clear that special precautions concerning fairness are required for the presentation and promotion of non-medically necessary surgical procedures. Especially in the context of digital media, the adherence to legal requirements is of utmost importance, as sensitive consumer interests are at stake.
Considering the legal requirements in the field of comparative advertising, it may be advisable to consider seeking qualified legal advice. Further information, well-founded guidance, and support are offered by MTR Legal under legal advice in competition law.
