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Health practitioners guide

Professional law and advertising: titles, the HWG and health claims for health professionals

Reviewed by Dr. Daniel Wallerstorfer, molecular biologist and founder of Novogenia · Updated: 15 October 2026 · Reading time: 10 min

In short

The sign on your door and your advertising both make a promise – and both come with rules. Protected professional titles such as physiotherapist, dietitian (Diätassistent in Germany, Diätologe in Austria) may only be used with authorization, and misleading statements about your qualifications are unfair commercial practice. Germany's Therapeutic Products Advertising Act (HWG) applies as soon as your advertising refers to detecting, eliminating or relieving diseases. For food supplements, only authorized health claims in their official wording are allowed, and they must not refer to recommendations by individual health professionals. Check commission models against your professional law before you start.

The sign on your door is a promise

Two German laws, one and the same line. The Heilpraktiker Act defines practicing medicine (Heilkunde) as any professional or commercial activity “for the detection, healing or relief of diseases, ailments or physical injuries” (Section 1(2) HeilprG). And the Therapeutic Products Advertising Act (HWG) applies to procedures and treatments as soon as the advertising statement refers to detecting, eliminating or relieving diseases (Section 1(1) No. 2(a) HWG).

For your practice, this means: what you do and what you promise are measured against the same line. The sign on your door works like a promise. The title on it says what you are allowed to do. Your advertising says what your clients may expect. Both have to be accurate – and that is what this article is about. It adds to Advertising genetic tests what matters specifically for health professions. It gives you orientation but does not replace legal advice in individual cases.

One line applies to everyone who is neither a physician nor holds a Heilpraktiker license: in Germany, practicing medicine without a medical license or Heilpraktiker permit is a criminal offense (Section 5 HeilprG). Coaches and nutrition consultants without a protected title therefore stick firmly to the lifestyle and nutrition of healthy people.

Titles: what your name on the sign promises

Some professional titles may only be used with state authorization. Others are free – but there, too, you must not create a false impression.

Germany: You may only use the titles “Physiotherapeutin/Physiotherapeut” (Section 1 MPhG) and “Diätassistentin/Diätassistent” (dietitian, Section 1 DiätAssG) with a permit. The Heilpraktiker Act ties the title “Heilpraktiker” to the permit to practice medicine (Section 1 HeilprG).
Austria: Dietitians (Diätologin/Diätologe) and physiotherapists are legally regulated health professions (Section 1 MTD Act 2024). Using these titles, or titles that can be confused with them, without authorization is prohibited (Section 3(5)).
Switzerland: Anyone who uses inaccurate titles or professional designations likely to suggest special distinctions or abilities acts unfairly (Art. 3(1)(c) UWG).

On top of that comes the general ban on misleading practices: untrue or deceptive statements about a trader’s qualifications, status or approval are misleading (Section 5(2) No. 3 UWG; in Austria Section 2(1) No. 6 UWG).

Two pitfalls directly linked to genetic analyses:

“Genetic counseling”: Germany’s Genetic Diagnostics Act uses this term for counseling that only appropriately qualified physicians may provide (Section 7(3) GenDG). Describe your service instead as “counseling on your genetic report” or “nutrition counseling based on a genetic analysis.”
Certificates: The NOVO Academy awards a certificate for each completed topic. Call it exactly that – and do not turn it into a “state-recognized expert.” It does not replace vocational training or a license to practice.

The HWG: when it applies to your practice

For many health professions in Germany, the HWG is not theory. If you advertise treatments for complaints in a Heilpraktiker or physiotherapy practice, you are within the scope of Section 1(1) No. 2(a). If, by contrast, you advertise a lifestyle analysis with no disease reference at all, No. 2 does not apply – but competition law always does. So keep the two worlds clearly separate in your advertising, too: treatment here, lifestyle offer there.

Within the scope of the HWG, three rules matter most:

No misleading claims (Section 3 HWG): It is misleading, among other things, to attribute therapeutic efficacy or effects to procedures or treatments that they do not have, or to falsely create the impression that success can be expected with certainty.
Limits on advertising to the public (Section 11(1) HWG): Outside professional circles, advertising with case histories is not allowed, for example, if it is abusive, repulsive or misleading or could lead to false self-diagnosis (No. 3); the same applies to letters of thanks or recommendation used in an abusive, repulsive or misleading way (No. 11).
Off-limits diseases (Section 12(2) HWG): Advertising outside professional circles must not refer to detecting, eliminating or relieving the diseases listed in the annex to the HWG. These include malignant neoplasms, addictions other than nicotine dependence, and notifiable infectious diseases.

An offer like “genetic analysis and nutrition for cancer” therefore has no place in advertising to the public – quite apart from the fact that an analysis relating to a disease would serve a medical purpose.

Health claims: supplements only in the official wording

Many practices combine the genetic analysis with personalized supplements, often under their own brand. Then you are advertising a food, and strict rules apply. Health claims are prohibited unless they are authorized and included in the list of authorized claims (Art. 10(1) Regulation (EC) No 1924/2006). Their exact wording is set by Regulation (EU) No 432/2012. Three examples that often fit practices:

Nutrient	Official wording	Condition
Magnesium	“Magnesium contributes to a reduction of tiredness and fatigue”	The product is at least a source of magnesium as defined in Regulation (EC) No 1924/2006.
Vitamin D	“Vitamin D contributes to the maintenance of normal muscle function”	at least a source of vitamin D
Vitamin C	“Vitamin C contributes to normal collagen formation for the normal function of cartilage”	at least a source of vitamin C

For health professions, three further rules are especially important:

No recommendation as a professional: Claims that refer to recommendations of individual doctors or health professionals are not allowed (Art. 12(c)). “Recommended by your physiotherapist” next to a health claim is therefore off-limits – even if you are the physiotherapist.
No weight promise: Claims referring to the rate or amount of weight loss are not allowed (Art. 12(b)).
No disease: Food information must not attribute to any food the property of preventing, treating or curing a human disease (Art. 7(3) Regulation (EU) No 1169/2011). Phrases such as “supports your therapy” therefore do not belong on a label or website.

In Switzerland, health claims are only permitted if they are provided for in Annex 14 of the Food Information Ordinance (LIV) (Art. 31(2) LIV). There, too, they must not be combined with statements about weight loss or presented as recommendations of individual doctors or other members of the medical professions (Art. 34(4)(b) and (c) LIV). References to preventing, treating or curing a disease are prohibited by Art. 12(2)(c) of the Foodstuffs and Utility Articles Ordinance (LGV). How to find authorized claims is shown in Health claims: what you may advertise.

Commissions: open, not hidden

If you offer genetic analyses and supplements through a partner shop, you receive a commission on each order. For many professions this is unproblematic – but some have their own rules. In Germany, a member of a health profession that requires state-regulated training for practice or for the professional title commits a criminal offense if they accept an advantage in return for unfairly favoring someone in competition – among other things when referring patients or sending examination material (Section 299a German Criminal Code). This can affect physiotherapists or dietitians, for example.

Three steps create clarity:

Have it checked: Clarify your model with your chamber, professional association or a lawyer before you start. Some health professions also have rules on whether and how products may be sold in the practice.
Be open: Show your clients what is lab work and what is counseling.
Keep it voluntary: Never make the genetic analysis mandatory – good counseling works without it, too.

The partner models available are described in Nutrigenetics as a service: partner and white-label models.

Do’s and don’ts for your practice advertising

The examples are general. Check every statement for your offer, your profession and your country.

Do	Don’t	Why
“Nutrition counseling based on your genetic analysis”	“Genetic counseling in my practice”	term used by the GenDG for counseling by physicians (Section 7(3), Section 10 GenDG)
“NOVO Academy certificate: nutrition and genes”	“State-recognized genetics expert”	misleading about qualifications and status (Section 5(2) No. 3 UWG)
“The analysis shows how your body processes caffeine, for example.”	“Find out whether cancer is in your genes.”	medical purpose; off-limits disease in public advertising (Section 12(2) HWG)
“Vitamin D contributes to the maintenance of normal muscle function.”	“My blend speeds up your healing after the injury.”	authorized claims only; no healing properties for foods (Art. 10 Regulation (EC) No 1924/2006, Art. 7(3) Regulation (EU) No 1169/2011)
An authorized claim, presented factually	“Recommended by your physiotherapist: …”	reference to a professional’s recommendation (Art. 12(c))
“Together, we will find a diet that suits you.”	“Guaranteed slim in a few weeks with the gene diet.”	promise of success (Section 5(2) No. 1 UWG); weight-loss claims (Art. 12(b))

Checklist before you start

You only use titles you are entitled to, and you describe certificates by their exact name.
Your service is not called “genetic counseling.”
Treatment and lifestyle offer are kept separate in your advertising, too.
No statement refers to detecting, preventing, treating or curing diseases – not in images or client testimonials either.
For supplements, you only use authorized claims in their official wording, with the conditions met.
No claim is presented as your recommendation as a professional.
Your commission model has been clarified with your chamber, professional association or a lawyer.
For Switzerland, your advertising for genetic analyses includes the mandatory information under Art. 14(3) GUMG and Art. 4 GUMV – more in Austria and Switzerland: different rules.

How we do it at Novogenia

What we give you for clean communication:

Standard disclaimer: The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations derived from them are logical conclusions, not scientifically proven.
No “one gene, one dose”: Our algorithm for personalized supplements uses around 50 genes with three genotypes each, plus a questionnaire and – where available – blood values, which take precedence.
Dosing limits: between one third and three times the reference intake, never above the upper limit set by EFSA.
Your brand, your responsibility: The company under whose name a product is marketed is always responsible for the label and the claims – with white label, that is you.
Training with a clear name: The NOVO Academy awards a certificate for each completed topic. Call it exactly that: NOVO Academy certificate for the respective topic.

Frequently asked questions

May I call myself a “genetic counselor” after the NOVO Academy?

Better not. In Germany, the Genetic Diagnostics Act uses “genetic counseling” for counseling that only appropriately qualified physicians may provide (Section 7(3) and Section 10 GenDG). Describe your service as, for example, “nutrition counseling based on a genetic analysis,” and name your certificate exactly as it is called: NOVO Academy certificate for the respective topic. It does not replace state vocational training.

Does the HWG apply to my practice advertising?

In Germany, the HWG applies to advertising for procedures and treatments insofar as the advertising statement refers to detecting, eliminating or relieving diseases, ailments, physical injuries or pathological complaints (Section 1(1) No. 2(a) HWG). If you advertise treatments in a Heilpraktiker or physiotherapy practice, you are quickly within its scope. A lifestyle analysis with no disease reference at all does not fall under No. 2 – but competition law always applies.

May I recommend my own food supplement?

In the consultation, you can explain why a product fits your client’s goals. Health claims on the label, website or flyer, however, must be authorized (Art. 10(1) Regulation (EC) No 1924/2006) and must not refer to recommendations of individual doctors or health professionals (Art. 12(c)). In Switzerland, the same applies under Art. 34(4)(c) LIV.

Are commissions allowed for health professionals?

That depends on your profession and country. In Germany, Section 299a of the Criminal Code prohibits members of health professions that require state-regulated training from accepting advantages in return for unfairly favoring someone – for example when referring patients or sending examination material. Have your model checked by your chamber, professional association or a lawyer before you start, and show your clients openly what is lab work and what is counseling.

Which extra advertising rules apply in Switzerland?

Switzerland requires mandatory information for genetic analyses: public advertising for examinations outside the medical field must inform about who may order them, the information requirements and how results are communicated, and must not be misleading (Art. 14(3) GUMG, Art. 4(2) GUMV). For foods, the health claims in Annex 14 of the LIV apply. Using inaccurate titles or professional designations is unfair competition (Art. 3(1)(c) UWG).

Genetic analyses for your practice?

Tell us about your practice and your clients – we will show you what fits.

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Note: This guide is general information for businesses and professionals and does not replace medical or legal advice. The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.