Advertising Board Decision on Promotion of Beauty Salons on Aesthetic and Medical Procedures

File No: 2023/6352

Complainant xxxxxxx Technologies Software Marketing and Trade Limited Company (xxxxxxx Taksim)

Complained Advertisement: Promotions published on the website www.xxxxxxx.com and the social networking site Instagram through the account named “xxxxxxxxx” belonging to the organisation

Advertisement Publication/Access Date: 12.12.2022, 05.05.2023

Published on: Internet

Determinations: In the promotions dated 05.05.2023, the name of the medical procedure “Medical Care” was mentioned as an example in the promotions published through the Instagram account named “xxxxxxx”,

It has been determined that the website www.xxxxxxx.com includes promotions for medical procedures such as “Aesthetic Coaching, Medical Aesthetics, Aesthetic Surgery, Smile Design” under the title of “Aesthetics” .

Evaluation/Decision: As a result of the examinations made, although the establishment is not a health institution, in the promotions published through the Instagram account named “xxxxxxx” on 05.05.2023, the name of the medical procedure “Medical Care” was listed as an example,

It has been determined that the website www.xxxxxxx.com includes promotions for medical procedures such as “Aesthetic Coaching, Medical Aesthetics, Aesthetic Surgery, Smile Design” under the title of “Aesthetics” .

As it is known, with the Provisional Article 5 of the Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment, beauty salons have been removed from the status of health institutions and it has been stipulated that they will be licensed by the municipalities within the scope of the Regulation on Workplace Opening and Operation Licenses and in the 2nd paragraph of the said article ; “Even if a person with a medical faculty diploma works in the beauty salon, medical procedures that are under the authority of a physician cannot be performed in the beauty salon. The provisions of the relevant legislation shall be applied to persons who are found not to comply with this provision .” With the provision, it is prohibited to perform medical procedures that must be performed by a physician in beauty salons in any way whatsoever.

However; in the section titled “J-Beauty Salons” of Annex-1 of the Regulation on Business Opening and Operation Licenses, the provision “16.1- In the promotional advertisements, signboards and printed documents of beauty salons, expressions that will evoke the beauty centre cannot be used and the expression ‘beauty salon’ is clearly used.” regulates that the names of the establishments should be clearly stated as “salon” in the promotions of beauty salons to be published in all kinds of media.

In this context; it has been evaluated that the establishment, which does not operate in the field of health, 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 and are not allowed to be applied in beauty salons, that the medical procedures in question should be applied under the control of a doctor and within health institutions, and that the promotion of such medical procedures even by authorized persons is prohibited by the legislation,

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,

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

• 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 Bilgi Teknolojileri Yazılım Pazarlama ve Ticaret Limited Şirketi (xxxxxxx Taksim) 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.