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Nutrigenetics guide

Advertising genetic tests: what you may say – and what you may not

Reviewed by Dr. Daniel Wallerstorfer, molecular biologist and founder of Novogenia · Updated: 12 October 2026 · Reading time: 10 min

In short

If you advertise genetic analyses, you drive between three guardrails: unfair competition law (no misleading statements, no untrue claims of healing), medical advertising law in Germany (as soon as advertising refers to detecting, eliminating or alleviating diseases or concerns a medical device) and food law for supplements (only authorized health claims under Regulation (EC) No 1924/2006). In Switzerland, Art. 14 GUMG also bans advertising medical genetic tests to the public and requires mandatory information. The rule of thumb: describe what the analysis shows – do not promise results.

Three guardrails on a winding mountain road

Advertising genetic analyses is like driving a winding mountain road. The view is spectacular, and you may show it: your clients learn how their body processes caffeine, vitamins or fats, for example. But there are guardrails on both sides. Hit one, and you risk legal trouble – and your clients’ trust.

These are the three guardrails to know:

Unfair competition law: Advertising must not mislead. In Germany, this is Section 5 UWG; in Austria, Section 2 UWG. Misleading statements include untrue or deceptive statements about the results to be expected from use (Section 5(2) No. 1 UWG).
Medical advertising law (Germany): The Therapeutic Products Advertising Act (Heilmittelwerbegesetz, HWG) applies to advertising for medical devices, including in vitro diagnostics, and for other procedures and products insofar as the advertising statement refers to the detection, elimination or alleviation of diseases, suffering, bodily injury or pathological complaints (Section 1(1) Nos. 1a and 2).
Food law: If you recommend or sell food supplements after the analysis, you are advertising foods. Health claims are then governed by Regulation (EC) No 1924/2006.

Switzerland adds its own advertising rules for genetic tests – more on that below.

The red line: no disease claims, no promises of success

The most important rule is also the simplest: a lifestyle analysis describes traits. It does not detect, prevent or cure any disease – and your advertising must not suggest that it does. As soon as an advertising statement refers to detecting or alleviating diseases, you are within the scope of the HWG in Germany. And an analysis you advertise as early disease detection no longer fits an offer without a medical purpose – for the consequences, see Who may offer genetic tests?

No claims of healing: Falsely claiming that a product or service can cure illnesses, dysfunctions or malformations is always prohibited toward consumers (Annex No. 17 to Section 3(3) UWG; in Austria, Annex No. 17 UWG).
No guarantee of success: Within the scope of the HWG, advertising is misleading if it falsely creates the impression that success can be expected with certainty, or if it attributes effects to procedures that they do not have (Section 3 sentence 2 Nos. 1 and 2(a) HWG).
No fear messages: “Find out which disease is lurking inside you” is not lifestyle advertising. Talk about nutrition, exercise and well-being – not about diagnoses.

Follow-up products: supplements have a guest list

Health claims work like the guest list at a club door: only those on the list get in. A health claim is any claim that states, suggests or implies that a relationship exists between a food or one of its constituents and health (Art. 2(2)(5) of Regulation (EC) No 1924/2006). Such claims are prohibited unless they are authorized and included in the lists of authorized claims (Art. 10(1)).

Three prohibitions matter most for consultants:

Weight: Claims about the rate or amount of weight loss are not allowed (Art. 12(b)).
Recommendations: References to recommendations of individual doctors or health professionals are not allowed (Art. 12(c)).
Diseases: Food information must not attribute to any food the property of preventing, treating or curing a human disease – and this expressly applies to advertising too (Art. 7(3) and (4) of Regulation (EU) No 1169/2011).

How to find authorized health claims and word them correctly is explained in Health claims: what you may advertise.

Advertise honestly: separate evidence from conclusions

The most convincing advertising for nutrigenetics is honest advertising. The key is a clean separation: what is well documented – and what is a logical conclusion from it? Novogenia uses this 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 on nutrition, micronutrients and lifestyle derived from them are logical conclusions, not scientifically proven.”

This keeps you from creating the impression that a particular result is certain. Three more principles help:

Genes are one factor among many: Diet, exercise, sleep and stress count just as much. Writing “your genes determine your weight” overstates the science.
No “one gene, one dose”: No single gene maps to a specific nutrient dose. Statements following the pattern “gene X gives nutrient Y at dose Z” are scientifically wrong.
Do not claim superiority that has not been shown: For personalized supplements as a finished combination product, there are no large randomized trials proving an outcome benefit over standardized supplementation. So do not write “works better than any standard product.”

For more on what nutrigenetics can and cannot do, read Genes are not destiny: how genes and lifestyle work together.

Testimonials and reviews: a shop window that must be accurate

A testimonial is a shop window: whatever is on display must actually be in the store. That is why reviews come with clear rules:

Disclose your checks: If you make consumer reviews available, information on whether and how you ensure they come from people who actually used or purchased the service counts as material information (Section 5b(3) UWG; in Austria, Section 2(6b) UWG).
No fakes: Claiming that reviews come from real customers without reasonable checks, and fake reviews, are always prohibited (Annex Nos. 23b and 23c UWG; in Austria, Annex Nos. 23b and 23c UWG).
Within the scope of the HWG: Advertising to the general public with statements by third parties, such as letters of thanks or recommendation, is prohibited if done in an abusive, repulsive or misleading way (Section 11(1) sentence 1 No. 11 HWG).

Practical tip: Remove anything from testimonials that sounds like healing or diagnosis – even if the client said exactly that.

Switzerland: dedicated advertising rules for genetic tests

This is the biggest difference: neither the German GenDG nor the Austrian GTG contains its own advertising rules – there, the general guardrails above apply. Switzerland, by contrast, regulates advertising for genetic tests directly in the GUMG:

Medical genetic tests: Advertising to the public is prohibited – as it is for prenatal tests and tests on persons incapable of judgment (Art. 14(1) GUMG). Persons authorized to prescribe such tests under Art. 20 are exempt (Art. 14(2)).
Non-medical genetic tests: Advertising to the public must provide information on the requirements for prescription, information and disclosure of results, and on the ban on performing these tests prenatally or on persons incapable of judgment. Misleading information is prohibited (Art. 14(3) GUMG; Art. 4(2) GUMV).
What counts as advertising to the public: among other things brochures, posters, ads, advertising in electronic media and talks for lay audiences (Art. 4(3) GUMV). Advertising aimed exclusively at persons authorized to prescribe tests does not count (Art. 4(4) GUMV).

In practice: a Swiss website or flyer for genetic analyses on nutrition and sport needs mandatory information that the GenDG and GTG do not require – for example, who may order the analysis and that the sample is collected in that person’s presence. More in Who may offer genetic tests?

Dos and don’ts: wording compared

The following phrases are general examples. Check every statement for your specific offer and your country.

Do	Don’t	Why
“The analysis shows how your body processes caffeine, vitamins and fats, for example.”	“Our genetic test detects diseases before they develop.”	Disease reference: HWG scope (Section 1(1) No. 2) and a medical purpose
“We draw logical conclusions from your genes for your diet.*”	“With your genetic profile, you are guaranteed to lose weight.”	Promise of success; misleading about expected results (Section 5(2) No. 1 UWG)
“Genes are one factor among many – diet, exercise and sleep count just as much.”	“Your genes determine your weight.”	Overstates the science and can mislead
“Magnesium contributes to a reduction of tiredness and fatigue.” (if the conditions of use are met)	“Your gene type needs exactly this dose – and you’ll feel fit again.”	Only authorized health claims (Art. 10(1) Regulation (EC) No 1924/2006); no gene determines a specific dose
“Reviews come from customers with a verified order.” (only if true)	Bought or self-written reviews	Always prohibited (Annex Nos. 23b and 23c UWG)
Factual information on how your clients can exercise their rights	“Only with us: you can have your data deleted at any time!”	Presenting statutory rights as a special feature of the offer is always prohibited (Annex No. 10 UWG)

* With the standard disclaimer that gene-based recommendations are logical conclusions, not scientifically proven.

Checklist before you publish

Not a word about detecting, preventing, treating or curing disease – not in images, videos or comments either.
No guarantees of success and no claims about the rate or amount of weight loss.
Gene-based recommendations are labeled as logical conclusions, with the standard disclaimer.
For supplements, only authorized health claims, with the conditions of use met.
Reviews are genuine, and you disclose how you check them.
In Switzerland: the mandatory information under Art. 14(3) GUMG and Art. 4 GUMV is included.
A second person has proofread the copy – if in doubt, a qualified expert.

How we do it at Novogenia

Our standard for statements about genetic analyses:

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 on nutrition, micronutrients and lifestyle derived from them are logical conclusions, not scientifically proven.
Three-study rule: A gene is only included in an analysis if at least three independent studies support the effect.
No “one gene, one dose”: Our algorithm for personalized supplements uses around 50 genes with three genotypes each, plus body data, a questionnaire and – where available – blood values, which take precedence. A statement like “gene X gives nutrient Y at dose Z” would be incorrect.
Honest about the evidence: For the finished personalized combination product, there are no large randomized trials proving an outcome benefit over standardized supplementation.

Frequently asked questions

Does the German Therapeutic Products Advertising Act apply to lifestyle genetic analyses?

The HWG applies to advertising for medical devices, including in vitro diagnostics, and for other procedures and products insofar as the advertising statement refers to the detection, elimination or alleviation of diseases, suffering, bodily injury or pathological complaints (Section 1(1) HWG). If you advertise a lifestyle analysis without any reference to disease, Section 1(1) No. 2 HWG is not triggered. But the ban on misleading advertising in unfair competition law (Section 5 UWG) always applies.

Can I use testimonials?

Yes, if they are genuine. If you make reviews available, you must state whether and how you ensure they come from real customers (Section 5b(3) UWG in Germany, Section 2(6b) UWG in Austria). Fake reviews are always prohibited. For supplements, references to recommendations of individual doctors are not allowed (Art. 12(c) of Regulation (EC) No 1924/2006).

Can I say that a genetic analysis helps with weight loss?

Do not promise success. Untrue or deceptive statements about the results to be expected from use are misleading (Section 5(2) No. 1 UWG). For foods and supplements, claims about the rate or amount of weight loss are not allowed (Art. 12(b) of Regulation (EC) No 1924/2006). Describe what the analysis shows instead.

Which advertising rules apply in Switzerland?

Advertising medical genetic tests to the public is prohibited, except for persons authorized to prescribe them (Art. 14(1) and (2) GUMG). Advertising for non-medical tests, such as on nutrition and sport, must provide information on the requirements for prescription, information and disclosure of results and must not be misleading (Art. 14(3) GUMG, Art. 4 GUMV).

Do I have to use Novogenia’s standard disclaimer?

No law prescribes this exact wording. But it helps you separate well-documented genetic traits from the recommendations derived from them – and so avoid creating the impression that a result is certain. We recommend it for any text in which you describe gene-based recommendations.

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Note: This guide is general information for 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 on nutrition, micronutrients and lifestyle derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.