Flawless before-and-after photos, promises of a "guaranteed" result, and carefully selected testimonials are part of the marketing strategy of many aesthetic clinics. The problem arises when this advertising creates an expectation that doesn't match the technical reality of the procedure — and the patient only notices the difference after having already paid for and undergone the procedure.
What the law considers misleading advertising
Brazil's Consumer Protection Code prohibits misleading advertising, broadly defined as any information or communication capable of misleading the consumer about the characteristics, qualities, or results of the service offered. At aesthetic clinics, this can take different forms:
- "Before and after" photos that have been edited or don't correspond to real patients of the advertised procedure;
- Promises of a specific, guaranteed result, when the very nature of the procedure doesn't allow for that guarantee;
- Omission of relevant information about risks, limitations, or the number of sessions required;
- Advertisements that attribute capabilities to the procedure that it doesn't technically have;
- Use of influencers or testimonials without making clear that it is paid advertising or a commercial partnership.
The offer binds the advertiser
Brazil's Consumer Protection Code also establishes the principle that an offer is binding: whatever is advertised — whether on social media, a website, or printed materials — becomes part of the contract entered into with the consumer. This means the clinic can be held to what was promised in its advertising, and any discrepancy between what was advertised and what was delivered can be used as evidence in a lawsuit.
Misleading advertising and physician liability
Physicians are also subject to specific rules on professional advertising, set by the Federal Council of Medicine (CFM), which restrict, for example, the disclosure of before-and-after photos and promises of results. Violating these rules can be the subject of a complaint to the professional council, in addition to reinforcing any discussion of civil liability.
How this adds to a cosmetic procedure error case
Misleading advertising is rarely discussed on its own — it usually reinforces a case in which the result of the procedure also fell short of what was promised. Proving that the clinic advertised something different from what was delivered helps demonstrate a breach of the duty to inform and can influence both the claim for moral damages and the assessment of the clinic's liability.
How to gather evidence of misleading advertising
- Save screenshots of the ads, posts, and stories that influenced your decision (before they're deleted);
- Keep printed advertising materials, flyers, or handouts received at the clinic;
- Record the date you came across the advertisement, if possible;
- Gather conversations with the clinic in which the result was promised or reinforced;
- Compare what was advertised with the result actually obtained, documenting the difference.