Advertising Board Decision on Advertising and Promotion without Health Tourism Authorisation Certificate

File No: 2023/1419

Complainant xxxxxxx Beauty Centre and Tourism Consultancy Ltd. Şti.

Complained Advertisement: Promotions published on the website with xxxxxxx URL address

Advertisement Publication/Access Date: 03.04.2023, 05.12.2023

Published on: Internet

Determinations: In the promotions dated 03.04.2023 and 05.12.2023, the names of medical procedures such as “Dermapen, Botox, Face and Neck Lift, Filling, Cavitation, Tattoo Removal, Hair Transplantation, Mesotherapy, HIFU, Medical Skin Care, Jawline” are listed and these procedures are promoted and the name of the institution is stated as “Dr. xxxxxxx Beauty Clinic” and the expressions “beauty centre” are used in the said promotions. xxxxxxx Beauty Clinic” and the expressions “beauty centre” are used, and in the aforementioned promotions, it has been determined that there are also promotions for the provision of health services such as “Eyelid Surgery, Ear Surgery, Vagina Surgery, Gynecomastia, Breast Reduction / Augmentation, Rhinoplasty Surgery” .

Evaluation/Decision: As a result of the examinations made, in the promotions on the website with the URL address https://www.xxxxxxx.com/ dated 03.04.2023 and 05.12.2023, for example, the names of medical procedures such as “Dermapen, Botox, Face and Neck Lift, Fillers, Cavitation, Tattoo Removal, Hair Transplantation, Mesotherapy, HIFU, Medical Skin Care, Jawline” are listed and these procedures are promoted and in the said promotions, the name of the establishment is stated as “Dr . xxxxxxx Beauty Clinic” and the expressions “beauty centre” are used. xxxxxxx Beauty Clinic” and the expressions of “beauty centre” are used, it has been observed that the aforementioned promotions also include promotions for the provision of health services such as “Eyelid Surgery, Ear Surgery, Vagina Surgery, Gynecomastia, Breast Reduction / Augmentation, Rhinoplasty Surgery” , There is no document and authorisation issued by the Ministry of Health on behalf of the organisation to operate in the field of health tourism and in the field of health in our country, in this context, the organisation, which is not authorised in the field of international health tourism and in the field of health in our country, in the promotions subject to examination, it gives the impression that it provides services in this field and operates in the field of health by listing the names of various medical treatment methods that should be applied by physicians, the medical procedures in question should be applied under the control of a doctor and within the health institutions, the promotion of such medical procedures in our country, even by authorised persons, is prohibited by the legislation, however, even by authorised health institutions and health professionals operating in the field of “Health Tourism”, promotion cannot be made in a way to create demand within the borders of the country, therefore, it has been evaluated that the said promotions are misleading and deceptive to consumers and the lack of information of consumers is exploited,

Therefore, the promotions under review;

• Additional Article 11 of the Basic Law No. 3359 on Health Services,

• Articles 1, 8, 25 and Annex 13 of the Law No. 1219 on the Practice of Medicine and Medical Sciences,

• Articles 29, 31 and Provisional Article 5/2 of the Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment,

• Article 5/1-b of the Regulation on Promotion and Information Activities in Health Services,

• Articles 5/1, 12/1, 12/2-a, 12/2-b, 12/2-c, 12/2-c, 12/2-ç of the Regulation on International Health Tourism and Health of Tourists,

• Article 16 of Annex-1 Section “J-(Annex: 29/6/2010 – 2010/671 K.) Beauty Salons” of the Regulation on Business Opening and Operation Licences,

• Articles 5/1-b, 7/1, 7/2, 7/3, 7/4, 7/5-b, 7/5-c, 26 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices,

• Article 61 of the Law No. 6502 on the Protection of Consumers is contrary to its provisions,

Accordingly, it has been decided to impose an administrative fine of 347.128-TL (Three hundred and forty-seven thousand one hundred and twenty-eight Turkish Liras) and suspension of the aforementioned advertisements on the advertiser xxxxxxx Beauty Centre and Tourism Consultancy Ltd. Şti. in accordance with Articles 63 and 77/12 of the Law No. 6502.

This content has been automatically translated into English from the Turkish original.