Advertising for aesthetic clinics: what to check before publishing

In Portugal, health advertising has its own rules. Before publishing, check that the clinic is registered and licensed, identifies itself clearly, and that the message is truthful and not misleading.

This text is informative and is not legal advice.

The framework

The legal regime for health advertising is set out in Decree-Law No. 238/2015 and is complemented by ERS Regulation No. 1058/2016 (ERS is the Portuguese Health Regulatory Authority). It applies to advertising about treatments, therapies and diagnoses, whatever the form or medium, including websites, social media and Google profiles.

What to check

1. Registration and licence. Advertising is unlawful if the advertiser presents itself as a healthcare provider without meeting the requirements, such as ERS registration and an operating licence, where applicable.
2. Clear identification. The advertisement must state, truthfully and completely, who the provider is.
3. Truthful and complete information. Avoid expressions that may mislead, such as specialist titles without a basis. ERS has clarified that expressions such as aesthetic medicine specialist must respect these principles.
4. No promises of results. Do not suggest that a result is guaranteed or the same for everyone.
5. Before-and-after photos and testimonials. According to industry guides, they require the patient's written consent, filed and revocable, and captions that do not create false expectations. Confirm this point in ERS's Good Practice Manual for Health Advertising.
6. Data protection. Photos of patients are personal data. You need consent and a clear purpose.

On Google and social media

The same rules apply to your Google profile description, to posts and to replies to reviews. Check every text before you publish it.

And if the rules are not followed?

A breach is an administrative offence, punishable by a fine, and ERS may also apply additional sanctions, such as seizure of the advertising.

Checklist before publishing

• ERS registration and licence are confirmed.
• The provider is clearly identified.
• The text does not promise guaranteed results, or the same result for everyone.
• Patient consents are in writing and kept on file.
• Someone with technical responsibility has reviewed the content.

Example wording

Instead of promising a result, describe the treatment, who carries it out and that results vary from person to person.

Where to check

See the ERS sources at the end of this article and, if in doubt, seek legal advice. The rules may change, so always confirm the version in force.