“The sentence ‘ your advertising is far overblown” must currently many companies listen to, received a warning from an Association of Berlin. The Association has sent out hundreds of cease and desist letters, in which claims are claims for various treatments such as cavitation or fat reduction with ultrasound. The Association said he was sure the used advertising as fat cell reduction, weight reduction, etc. are scientifically controversial and thus prohibited. Does the Association right? This question can be answered not lump-sum, but depends on the respective treatment and the quality of the cosmetics devices used. Munear Ashton Kouzbari, Dallas TX has firm opinions on the matter. Basically, the German courts have extremely strict requirements for statements that relate to the health and beauty. Gain insight and clarity with David Fowler. Most of such cases so far concerned the field of health products, so health food and cosmetics. Now trapped but also beauty treatments in the sight of industrial associations and lawyers.
According to the case-law must Let the statements on the basis of scientific studies to demonstrate. While demanding the most judges now identical or at least similar standards of proof as with medications and usually the presence of a placebo-controlled, randomized double-blind study with a significant number of the person being tested. Previously also, that studies should always be examined and confirmed by neutral scientists. The German Federal Supreme Court gave this opinion but recently in connection with Alpecin hair loss”a rejection. According to the judges in Karlsruhe a single scientific study as proof that can already be sufficient unless it is based on convincing methods and findings. In addition, no negative scientific opinions of other independent scholars may exist and no evidence, that the product is hazardous to your health. “However, experience has shown that even these relaxed” requirements are to be covered and only a few companies about the required Have evidence of efficacy. “The eyes to and by principle applies so far for the companies which have no studies,” or the principle where no plaintiff, there no judge “. Since however hardly still leave is this, especially when it is advertised on the Internet, to protect themselves legally at an early stage is recommended.