Doctor loses in court over Instagram post about rhinoplasty

OLG Frankfurt

Nose job shown on Instagram – court convicts surgeon

11/11/2025 – 02:54Reading time: 2 minutes

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A patient wearing a mask in the operating room (symbolic image): Surgeons are no longer allowed to advertise on Instagram. (Source: IMAGO/Pau Cardellach Lliso/imago)

A surgeon from Frankfurt lost before the Regional High Court: his posts about rhinoplasty were unlawful. What was the real downfall.

A cosmetic surgeon from Frankfurt am Main is no longer allowed to advertise his work on Instagram as before. The city’s regional high court ruled that his posts violated applicable law – even though the doctor did not publish the controversial images side by side or in sequence.

This specialist in plastic and aesthetic surgery documents the course of nose correction in several articles. Your patient wants the lump on his nose removed. Users can then follow on Instagram what the woman looked like before the procedure and what the results of the operation were. Each photo and video is uploaded at a different time so that the course of treatment can be traced backwards.

A competition association saw this as a violation of the law and sued in court for doctors to stop this type of advertising. Initially, the Frankfurt regional court rejected the lawsuit. But on the next occasion, the judges approved the association.

The reason: Under the Drug Advertising Law, it is prohibited to advertise cosmetic surgery by using comparative images showing the body or appearance before and after surgery. This applies to all operations to change the body that are not medically necessary.

In this case, it was clear that the patient chose a smaller nose without a hump for aesthetic reasons, the court said. There is no medical need. Even if there is a health reason, it is irrelevant – because the surgeon only focuses on changes in vision.

It is also important for platform users to see the entire course of treatment. The images are ordered chronologically from young to old. This makes it possible to see how the patient’s appearance changes as a result of the surgical procedure. The fact that the images cannot be seen directly from each other or next to each other is irrelevant.

The court emphasized that the legislature intended to use the prohibition to prevent the public from being lured into unnecessary operations through manipulative advertising. However, there are always significant health risks associated with it. This regulation protects the freedom of decision of those affected.

Therefore, the law should be interpreted broadly and also cover modern forms of advertising on social media. According to the court, Instagram Stories like the one by this Frankfurt doctor can be more tempting to people to have risky cosmetic surgery than conventional advertisements with classic before and after photos.

The Regional Court of Appeal does not allow appeals to the Federal Court. However, doctors can file a complaint and try to appeal. Therefore, this decision does not yet have binding legal force.