Misleading advertising: what it is and how clinics avoid it
Quick facts
- Definition
- Advertising that contains false information or information capable of misleading the consumer about the service, the result, the price or the terms.
- Basis
- Provided for in Brazil's Consumer Defense Code and in the rules of advertising ethics and professional councils.
- Includes
- False statements and also omission of essential information.
- Relevance in facial harmonization
- Before and after photos, promises of results and prices without conditions are sensitive points in promotion.
Misleading advertising is advertising that contains false information, in whole or in part, or that, even without lying, leads the consumer into error by omitting something important. In Brazil, the concept comes from the Consumer Defense Code, which protects anyone hiring a service against information that does not match what will be delivered.
When does promotion cross the line?
Being misleading does not require an intent to mislead. It is enough that the message, as the consumer understands it, creates an expectation that the service does not meet. In facial aesthetics, some frequent cases:
| Situation | Why it is a risk |
|---|---|
| "Guaranteed result" or "100% safe" | Procedures depend on the patient and involve risk |
| Before and after with different light, angle or editing | The difference comes from the photo, not the treatment |
| Presenting a simulation as an actual result | Misleads the patient about what will be obtained |
| Price without stating volume, terms or timeframe | Omits data essential for the decision |
| A promotion that does not really exist | False information about the price |
Omission also counts. Promoting the benefit without mentioning relevant risks, or the price without saying what is included, can amount to misleading advertising even if each sentence on its own is true.
What about the obligation of result?
In aesthetic procedures, the discussion about obligation of means and obligation of result mixes with advertising. A piece that promises a specific result can be read as taking on a commitment to that result, which increases the professional's liability if the patient does not obtain it. That is why promotional language should use terms such as "may" and "usually," and avoid promises.
Besides consumer law, professional councils have their own rules on what and how to advertise, including the use of images. These rules vary, change over time and should be checked directly with your council and with Brazil's advertising self-regulation code, CONAR.
How does the clinic protect itself?
This checklist does not replace checking with the council, but it eliminates the most common mistakes.
Where does simulation come in?
An illustrative simulation is a consultation tool, for the professional and the patient to talk about possibilities. It is not a result, and presenting it as if it were is one of the most direct paths to being misleading. The page what you can advertise covers the limits of promotion in more detail.
Also called: deceptive advertising, abusive advertising (a related but distinct concept).
Frequently asked questions
Can showing before and after photos be misleading advertising?
It can, if the image leads the patient to expect a result that is not typical, if it is edited or if a simulation is presented as an actual result. The rules on promotion depend on the professional council and the advertising ethics code.