Healthcare Advertising Law

Healthcare advertising law is a core focus of my work and expertise. If you wish to advertise healthcare products, medicinal products or medical devices—or, as a physician, your services and treatment methods—you face significant challenges.

Until relatively recently, the dentist’s wife had to make advertising statements because depicting the physician in professional attire was prohibited until the end of 2012—an anachronism then as now.

While some provisions of the German Act on Advertising in the Healthcare System (HWG) appear self-explanatory, others are difficult to interpret even for professionals and the courts. Provisions based on European requirements, or those changing as part of EU harmonisation, repeatedly give rise to uncertainty.

The German Act Against Unfair Competition (UWG) is also often relevant in healthcare law. Increasingly stringent anti-corruption laws and industry association compliance codes, such as those of AKG, FSA and the BVMed Medical Devices Code, impose further requirements.

With my many years of experience, I can support you in planning and implementing your advertising, in out-of-court matters and, where necessary, in court proceedings.

  • Legal review and optimisation of advertising measures and advertising materials in German and English
  • Out-of-court and court defence of advertising in the event of objections by competitors or consumer associations
  • Monitoring and legal review of competitors’ advertising activities, including the development of legal challenge strategies
  • Legal review and support for the use of social media and other electronic media for advertising purposes
  • Out-of-court and court enforcement of cease-and-desist claims, as well as claims for information, damages and recall against competitors, especially by way of interim relief
  • Delivery of tailored in-house legal training for employees in marketing, sales, regulatory departments and related areas on advertising law compliance