The German Advertising of Medicinal Products Act (HWG) imposes special requirements on advertising in the healthcare sector. Companies in the pharmaceutical, medical device, and health industries must therefore follow strict rules when promoting their products or services.
Many violations are not intentional but occur because marketing departments underestimate the complexity of the regulations. The consequences can include warning letters, cease-and-desist claims, or fines.
This article explains in simple terms what the HWG regulates and what companies should pay attention to in practice.
What is the Advertising of Medicinal Products Act?
The HWG is a special law governing advertising in the healthcare sector.
Its purpose is to protect consumers from misleading or inappropriate advertising for medical products and treatments.
It applies in particular to advertising for:
- Medicinal products
- Medical devices
- Medical treatments
- Therapeutic procedures
- Food supplements with health-related claims
The law supplements other regulations, for example those in competition law or pharmaceutical law.
Who does the HWG apply to?
The HWG affects a wide range of companies and actors in the healthcare market, for example:
- Pharmaceutical companies
- Medical device manufacturers
- Pharmacies
- Doctors and clinics
- Providers of healthcare services
- Manufacturers of food supplements
Agencies or marketing departments that create advertising for these sectors must also comply with the rules.
What advertising is prohibited under the HWG?
The HWG contains numerous advertising prohibitions. Violations are particularly common in the following areas:
Misleading claims about effectiveness
Advertising must not contain false or scientifically unproven claims about effectiveness.
Problematic examples include:
- “guaranteed cure”
- “scientifically proven” without supporting studies
- exaggerated success rates
Courts examine very strict whether a scientific basis for such claims exists.
Advertising using fear or pressure related to illness
Advertising must not create the impression that not using a product poses health risks.
Example:
- “If you do not use this product, you risk serious health consequences.”
Such statements are considered improper influence.
Advertising with before-and-after depictions
For certain medical treatments, before-and-after images may be inadmissible—especially for surgical or aesthetic procedures.
The legislator aims to prevent consumers from being pressured into medical treatments through such representations.
Advertising with recommendations from doctors
Advertising that uses medical endorsements or testimonials can also be problematic.
Examples:
- “Recommended by doctors”
- “Dr. X recommends this product”
Such statements are only permissible under strict conditions.
Special rules for prescription medicines
Particularly strict rules apply to prescription-only medicines.
They must not be advertised to the general public. Advertising is only permitted for professional audiences such as doctors or pharmacists.
Companies must therefore clearly distinguish between:
- Advertising aimed at professionals
- Advertising aimed at consumers
Common mistakes in practice
In practice, violations often arise from seemingly harmless marketing measures, such as:
- Health claims on websites
- Social media posts about medical effects
- Influencer collaborations in the healthcare sector
- Study or expert quotes without sufficient basis
- Impermissible before-and-after depictions
Online marketing and social media, in particular, are increasingly leading to warning letters.
What are the consequences of violations?
Violations of the HWG can have significant legal consequences.
Typical consequences include:
- Competition law warning letters
- Cease-and-desist claims
- Court proceedings
- Claims for damages
- Fines
Violations are most often pursued by competitors or competition associations.
Why legal review is important in healthcare marketing
Advertising in the healthcare sector requires careful legal review before campaigns are published.
Companies should in particular have the following reviewed:
- Advertising claims about medical effects
- Study and expert references
- Social media campaigns
- Product descriptions on websites
- Influencer marketing in the healthcare sector
Early legal advice can help avoid warning letters and costly disputes.
Advertising of Medicinal Products Act: What is allowed?
The HWG sets high standards for advertising in the healthcare sector. Companies must ensure that they do not make misleading or scientifically unproven claims about medical effects.
Because the boundaries of permissible advertising are often complex, a legal review of marketing measures before publication is recommended.
This helps minimize legal risks.