German Health Advertising Act (HWG) Explained: What You May Advertise – and What You May Not

What Is the German Health Advertising Act?

The German Health Advertising Act (HWG) – officially the “Gesetz über die Werbung auf dem Gebiete des Heilwesens” (Act on Advertising in the Field of Healthcare) – is Germany’s specialised law governing health-related advertising. It protects patients and consumers from being induced by advertising to make decisions about their health that they would not make if they were soberly informed. The law dates back to 1965, has since been repeatedly aligned with EU law, and today applies to print, websites, social media, email campaigns and any other form of communication intended to promote sales. The full text of the law is available at gesetze-im-internet.de.

One important point of context: the HWG is considerably stricter than general competition law. Advertising that would be perfectly permissible in any other industry – a satisfied customer, an expert recommending the product, a before-and-after photo – can be prohibited in the healthcare sector. Anyone unaware of this soon finds themselves on the receiving end of a cease-and-desist warning (Abmahnung).

Who Does the HWG Apply To, and What Does It Cover?

Section 1 HWG (§ 1) defines the law’s scope by reference to the products and procedures being advertised, not the advertiser’s industry. It covers:

• ▸Medicinal products within the meaning of the German Medicinal Products Act (Arzneimittelgesetz) – both prescription and over-the-counter.
• ▸Medical devices and in-vitro diagnostics under EU Regulations 2017/745 and 2017/746 – from compression stockings to blood tests.
• ▸Other remedies, procedures, treatments and devices, insofar as the advertising relates to the recognition, elimination or alleviation of diseases, ailments, physical injuries or pathological complaints in humans or animals – i.e. physiotherapy, osteopathy, services provided by non-medical practitioners (Heilpraktiker), dietary supplements marketed with disease-related claims, and wellness treatments advertised with claims of healing.
• ▸Operative, plastic-surgical procedures to alter the human body without medical necessity – cosmetic surgery, explicitly covered since 2006.

This means the German Health Advertising Act applies to pharmaceutical companies and medical device manufacturers just as much as to medical practices, dentists, non-medical practitioners (Heilpraktiker), physiotherapists, pharmacies, medical supply stores, beauty institutes, fitness and wellness providers, and online retailers – as soon as they advertise in a health-related way. What matters is the effect of the statement, not the intent: “Supports the immune system during a cold” is disease-related, even if the product is a tea.

Healthcare Professionals vs. the General Public: The Two Tiers of the HWG

The law systematically distinguishes between advertising directed at healthcare professionals (Fachkreise) – physicians, dentists, pharmacists, non-medical practitioners (Heilpraktiker) and persons who lawfully trade in the relevant products – and advertising directed at the general public, i.e. patients and consumers. Healthcare professionals are considered knowledgeable and therefore receive less protection; advertising to the general public is subject to the strict prohibitions of Sections 10 to 12 (§§ 10–12). In practice, this means a claim that is permissible in a trade journal can be prohibited on a practice website or on Instagram.

Section 3 HWG (§ 3): The Prohibition of Misleading Advertising

Section 3 is the central provision. Misleading advertising is prohibited – towards both healthcare professionals and the general public. The law names three categories: first, attributing a therapeutic efficacy or effect to a product that it does not have. Second, falsely creating the impression that success can be expected with certainty, that no harmful effects will occur when used as intended, or that the advertising is not conducted for competitive purposes. Third, making untrue or deceptive statements about composition, properties, origin, or about the person, training, qualifications and achievements of the manufacturer or practitioner.

The standard is strict: under settled case law, the “principle of strictness” (Strengeprinzip) applies in the healthcare sector – anyone advertising an effect must be able to substantiate it with established scientific evidence, if in doubt through randomised, placebo-controlled studies. “Cures”, “guaranteed”, “no side effects” and “100% success” are practically always open to challenge. This is precisely where the 2026 ruling by the Higher Regional Court of Hamm opened up a new dimension: statements made by an AI chatbot on a website are also attributed to the company – details in our article on AI chatbot liability.

Section 4 HWG (§ 4): Mandatory Information in Medicinal Product Advertising

Advertising for medicinal products must include certain information: the product’s name, its composition by type and quantity of active ingredients, indications, contraindications, side effects and warnings, and – for prescription medicines – a note on the prescription requirement. Outside healthcare professional circles, the well-known sentence is mandatory: “For risks and side effects, read the package leaflet and ask your doctor or pharmacist.” It must be clearly legible and visibly set apart from the rest of the advertising message – and spoken aloud in audiovisual advertising.

Section 10 HWG (§ 10): Prescription Medicines Only for Healthcare Professionals

Section 10(1) completely prohibits advertising prescription medicines to the general public. They may only be advertised to physicians, dentists, veterinarians, pharmacists and persons who lawfully trade in these products. Subsection 2 adds a separate prohibition on public advertising for medicines containing psychotropic, addiction-risk substances, for sleeping pills, medication for mental disorders, and emergency contraceptives. The practical consequence: a practice may not advertise a prescription medicine by name on its website – not even with “We treat with Product X”.

Section 11 HWG (§ 11): What Is Prohibited Towards the General Public

Section 11(1) is the provision with the greatest practical relevance for medical practices, non-medical practitioners (Heilpraktiker), beauty studios and shops. Outside healthcare professional circles, medicinal products, procedures, treatments, devices or other remedies may not be advertised:

• ▸with expert opinions, certificates or scientific publications, insofar as they are misleading or used in an abusive or repellent manner (No. 1);
• ▸with recommendations from scientists, members of the healthcare professions, or well-known individuals that could encourage the use of medicinal products (No. 2) – the “doctor in a white coat” is therefore off-limits;
• ▸with the depiction of medical case histories, if this is abusive, repellent or misleading, or could lead to incorrect self-diagnosis (No. 3);
• ▸with pictorial representations that show changes to the body or the effects of a product in an abusive, repellent or misleading way (No. 5);
• ▸with statements that induce fear or suggest that health will suffer if the product is not used (No. 7);
• ▸with lectures combined with advertising or sales (No. 8), or with publications whose advertising purpose is ambiguous or not recognisable (No. 9);
• ▸with statements by third parties, in particular letters of thanks, acknowledgement or recommendation, if they are abusive, repellent or misleading (No. 11) – this covers patient reviews and testimonials;
• ▸with advertising measures aimed exclusively or predominantly at children under 14 (No. 12);
• ▸with prize competitions, raffles and sweepstakes that encourage inappropriate or excessive use (No. 13);
• ▸by distributing free samples of medicinal products or vouchers for them (Nos. 14, 15).

For operative plastic-surgical procedures without medical necessity, Section 11(1) sentence 3 additionally applies: advertising with before-and-after images is prohibited without exception, as is any advertising aimed at minors. This applies to cosmetic surgeons just as much as to beauty institutes that advertise invasive procedures. In addition, Section 12 (§ 12) prohibits referencing certain diseases listed in the schedule to the Act when advertising to the general public – notifiable infectious diseases, malignant tumours, addictive diseases (other than nicotine dependence) and pregnancy complications. So anyone who writes “helps with cancer” or “supports therapy for alcohol addiction” violates Section 12, regardless of whether the statement is true.

Other Important Provisions: Sections 7, 9 and 3a

• ▸Section 7 (§ 7), gifts and promotional items: gifts, discounts and free extras are only permitted within narrow limits – low-value items bearing the company’s branding, certain cash discounts, or informational material. A “free treatment for referrals” offer is therefore generally impermissible.
• ▸Section 9 (§ 9), remote treatment: advertising diagnosis or therapy without personal contact is prohibited, unless generally recognised professional standards mean personal medical contact is not required – the basis for permissible telemedicine advertising.
• ▸Section 3a (§ 3a), marketing authorisation: advertising is prohibited for medicinal products requiring authorisation that lack one, or for indications outside the approved use (off-label).

Consequences of Violations: Warnings, Fines, Criminal Penalties

In practice, HWG violations are rarely pursued by authorities but almost always under civil law: according to case law of the Federal Court of Justice (BGH), the provisions of the HWG are market-conduct rules within the meaning of the German Unfair Competition Act (UWG). Competitors, trade associations and consumer protection organisations can issue a cease-and-desist warning (Abmahnung) – followed by a cease-and-desist declaration, a contractual penalty, and reimbursement of costs. Repeat violations risk contractual penalties of several thousand euros per infringement.

Alongside this, there are the statutory sanctions: anyone who intentionally advertises in a misleading way (Section 3) commits a criminal offence under Section 14 HWG (§ 14), punishable by up to one year’s imprisonment or a fine. Negligent misleading is a regulatory offence carrying a fine of up to €20,000; violations of other provisions such as Sections 10, 11 or 7 can be fined up to €50,000 under Section 15 HWG (§ 15). So are promises of healing punishable? Yes – if they are misleading and made intentionally. In most cases, however, the cease-and-desist warning arrives well before the public prosecutor does.

The HWG on Websites, Social Media and AI Chatbots

The law is media-neutral. An Instagram story featuring a patient testimonial, a newsletter saying “Boost your immune system now – before flu season hits”, a Google Ads text promising “pain-free in 3 sessions” – all of it is advertising within the meaning of the HWG. Three areas are particularly prone to warning letters in 2026:

• ▸Reviews and testimonials: embedding Google reviews on your own website constitutes advertising with statements by third parties (Section 11 No. 11). Permissible as long as it is not misleading – tricky when the review contains promises of effect (“after one session my pain was gone”).
• ▸Influencer and physician partnerships: recommendations from healthcare professionals or celebrities directed at the general public are prohibited for medicinal products (Section 11 No. 2) and can quickly become misleading for treatments.
• ▸AI chatbots and AI-generated text: generative AI likes to phrase things in absolute terms (“reliably helps”, “demonstrably works”). Following the Higher Regional Court of Hamm ruling, the company is liable for every one of these statements. Anyone using AI in health communication needs ongoing review – our guide to chatbot compliance explains how.

Checklist: How to Advertise in Compliance with the HWG

• ▸Check every claim of effect for evidentiary support: is there established scientific evidence? If not, remove it or phrase it as a possibility (“may support” still requires evidence but is less absolute).
• ▸Avoid absolute wording: “cures”, “guaranteed”, “no side effects”, “100%”, “permanent”.
• ▸No reference to the diseases listed in the schedule (Section 12): cancer, addiction, notifiable infections, pregnancy complications.
• ▸No before-and-after images for aesthetic procedures; for other treatments, only without being misleading.
• ▸No recommendations from doctors or celebrities for medicinal products directed at the general public; check testimonials and reviews for promises of effect.
• ▸No fear-based advertising, no sweepstakes involving remedies, no free samples.
• ▸Include the mandatory disclosure text in medicinal product advertising and set it apart legibly.
• ▸Never advertise prescription medicines publicly – not even by name on a practice website.
• ▸Cover all channels: website, landing pages, Google Ads, social media, newsletters, review platforms, AI chatbot, phone assistant.
• ▸Repeat regularly: case law and content change. Review at least once a year or whenever content changes significantly.