Advertising Board Decision on Unauthorised Health Service Provision by a Business Not Licensed in the Field of Health

File No: 2023/1209

Complainant xxxxxxx (xxxxxxx Beauty Parlour)

Complained Advertisement: Promotions published through the account named “xxxxxxx” on the social networking site Instagram

Advertisement Publication/Access Date: 21.03.2023

Published on: Internet

Determinations: In the appearance of the promotions subject to review dated 21.03.2023, for example, the names of medical procedures such as “Dermapen, Ozone Care Treatment, Cavitation, Spot Treatment, Cellulite Treatment” are listed and “OUR CAVITATION CAMPAIGN 10 SESSIONS 1500TL.”, ”OUR CAVITATION REGIONAL THINNING PACKAGE 10 SEASONS 1500TL INSTEAD OF 5000TL.”, ”OUR SPOT TREATMENT PROTOCOL 5 SEASONS 999TL.”, ”OUR OZONE CARE TREATMENT 5 SEASONS 999TL. ” It has been determined that campaign information has been shared.

Evaluation/Decision: As a result of the examinations made, in the appearance dated 21.03.2023 of the promotions subject to examination belonging to the business that is not licensed by the relevant institutions in order to operate both as a ‘health institution’ and a ‘beauty salon’, for example, the names of medical procedures such as “Dermapen, Ozone Care Treatment, Cavitation, Spot Treatment, Cellulite Treatment” are listed and ”OUR CAVITATION CAMPAIGN 10 SESSIONS 1500TL.”, ”OUR CAVITATION REGIONAL THINNING PACKAGE 10 SEASONS 1500TL INSTEAD OF 5000TL.”, ”OUR SPOT TREATMENT PROTOCOL 5 SEASONS 999TL.”, ”OUR OZONE CARE TREATMENT 5 SEASONS 999TL. ” It has been determined that campaign information has been shared in the form of ”, and it has been evaluated that the said promotions of the business, which is not licensed in the field of health, for the provision of unauthorised health services are detrimental to public health, deceptive to consumers and contrary to the relevant 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, the advertiser Sinan KURTDEDE (Saloons Beauty Salon) was imposed an administrative fine of 347.128-TL (Three hundred and forty-seven thousand one hundred and twenty-eight Turkish Liras) and the suspension of the aforementioned advertisements pursuant to Articles 63 and 77/12 of the Law No. 6502.

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