Advertising of medical devices and cosmetic surgery – new laws as of January 2023

As of 1 January, 2023, influencers will no longer be able to advertise publicly products intended only for users who are non-laypersons.

A layperson is defined in the act as an individual who does not have any formal qualifications in the relevant area of health care or medicine.

The new rules will apply for instance to specialist equipment such as implants, laser-based products, or even hyaluronic acid.

Up until now, the cosmetic surgery industry has been keen to post information about its services and results on social media. Manufacturers, distributors, and clinics have frequently promoted their services or preparations through celebrities and influencers with a wide audience, giving them discounts or even surgery for free in return.

The laws due to come into force should induce the people concerned to review their business relationships with specific brands – breaches of the law in this respect will lead to severe fines even reaching PLN 2 m.

The full text of the Act on Medical Devices of 7 April, 2022, is available here.