Sunday, 26. May 2019

Currently, the cases in which beauty salons receive post competition associations or lawyers are piling up. “” So many beauty salons were warned off recently, offering a treatment with cavitation and ultrasonic and with statements like fat-off with ultrasonic “or reliably reduces fat cells and cellulite” applied. The watchdog letter urged the institutions to refrain from these and similar statements. The Abmahner rely on the fact that the statements are scientifically controversial and thus violate the law against unfair competition (UWG). A so-called punishment proven commitment and desist is required by the person concerned.

With this, they should confirm that they refrain from advertising in the future, and in the event that you violate this Declaration, pay a penalty (usually 5,000.00 per violation). A debit note of the Association or lawyer is mostly attached to the cease and desist letters. Since the Beauty salons usually not even judge which can are not recovered if the cease and desist letter is entitled or not, they must make use of even a Prosecutor, resulting in more costs, basically in the case of an unauthorised warning. Apart from the burden of cost the defense against such warnings has been difficult. So the problem to find the appropriate scientific evidence concerning the advertising for cosmetic institutes already exists. Because cease and desist letters with short deadlines, that the required evidence within the framework of the deadlines set by the Abmahner can be taught not in danger and the Abmahner goes to court to enforce the injunction. This result in more court and lawyer costs. Even if a successful defense of claims, threatens official can intervene in individual cases.

Currently numerous authorities, medical associations and laser societies are on the point of view, that treatment methods such as cavitation under the Fall health practitioners act. According to this law, the practice of dentistry is reserved only approved doctors and health practitioners. As the exercise of medicine case law here looks at not only the treatment of diseases, but it all activities provided under the law, requiring medical expertise due to their hazard potential. If this is the case of cavitation, in the courts have not held so far, it should be only a matter of time until a judge once to deal has come up with this problem. A legal protection is offered as a result especially for new, still not established treatments.

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