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Advertising weight loss: what you may promise – and what you may not
The most tempting advertising message is also the riskiest: for foods and food supplements, claims about the rate or amount of weight loss are not allowed (Art. 12(b) of Regulation (EC) No 1924/2006), and the same applies in Switzerland (Art. 34(4) LIV). For coaching and programs, the ban on misleading advertising in unfair competition law applies. If your advertising refers to a disease such as obesity, Germany’s Therapeutic Products Advertising Act (HWG) adds its own rules on images, testimonials and recommendations. Advertising prescription weight-loss drugs to the general public is prohibited in Germany, Austria and Switzerland. The rule of thumb: describe what you do – don’t promise pounds.
“Lose ten pounds in four weeks” – exactly the sentence you can’t use
Every weight program feels the pull: put a number on the poster. “Lose ten pounds in four weeks” sounds like more than “We’ll support you.” But EU lawmakers ruled out exactly this sentence, word for word: claims which make reference to the rate or amount of weight loss are not allowed (Art. 12(b) of Regulation (EC) No 1924/2006).
We agree. Our page on the approach of science states that advertising with statements about the effectiveness of such programs must be viewed critically and is prohibited in many cases. Think of your advertising as a shop window: show what is in the store – analysis, plan, support. A scale with a dream number does not belong there.
Sort first: which rules apply to which building block?
A weight program often has several building blocks, each with its own rules. They add up:
- Food supplements, shakes, meal replacements: food law – only authorized health claims, no pounds, no reference to disease.
- Coaching, courses, genetic analysis: unfair competition law – no misleading statements about the results to be expected.
- Obesity treatment, weight-loss drugs: in Germany, the Therapeutic Products Advertising Act as well; in all three countries, the ban on advertising prescription drugs to lay people.
Switzerland adds its own mandatory information for genetic analyses.
Pounds, timeframes and fancy names: what applies to supplements
Regulation (EC) No 1924/2006 also covers food advertising (Art. 1(2)) – including the supplements, shakes or meal replacements in your program. Three rules matter most:
- No weight or time figures: Claims which make reference to the rate or amount of weight loss are not allowed (Art. 12(b)). This includes images: a “claim” is any message or representation, explicitly including pictorial, graphic or symbolic representation (Art. 2(2)(1)). A before-and-after photo with a weight figure says the same thing as the forbidden sentence.
- Only listed weight claims: Claims about slimming or weight control, a reduced sense of hunger or an increased sense of satiety are a category of their own (Art. 13(1)(c)); only what is on the list is allowed (Art. 10(1)). For weight, Regulation (EU) No 432/2012 lists claims for glucomannan and for meal replacements, each with strict conditions. The article Supplements in weight programs explains the wording and conditions.
- Careful with fancy names: A trade mark or fancy name that may be construed as a health claim may only be used if it is accompanied by a related claim that complies with the regulation (Art. 1(3)). For names like “fat burner,” the list contains no related claim.
Switzerland: The same ban applies. Health claims must not be linked to statements about the duration and extent of weight loss (Art. 34(4)(b) LIV), and pictorial statements count too (Art. 31(1) LIV). Only claims from Annex 14 LIV or claims authorized by the Federal Food Safety and Veterinary Office (FSVO) are allowed (Art. 31(2) and (3) LIV).
Programs and coaching: describe your service, not pounds
For coaching without any food, Art. 12 does not apply directly – but unfair competition law does. Advertising is misleading if it contains untrue or deceptive statements about the results to be expected from use (Section 5(2) No. 1 UWG). Austria prohibits misleading commercial practices in Section 2 UWG; Switzerland prohibits incorrect or misleading statements about one’s own services in Art. 3(1)(b) UWG.
In practice: nobody loses weight on schedule. What you deliver is more convincing – and safer:
- “The analysis shows your genetic tendency toward the fat or carbohydrate type.”
- “Together, we create a plan that fits your genes and your everyday life.”
- “We regularly measure weight and waist circumference and adjust the plan.”
And the internal study? In an internal Novogenia study with 302 people, participants on a gene-based diet lost around 2.4 times more weight than on a standard diet (explanation of the approach of science). That figure belongs in professional information, not on a billboard. Use it only in this wording, labeled as internal, with the link and the note: a study result, not a promise for any individual. Never put it next to a supplement – the study concerns a diet. More in Gene-based diet: what our study shows.
Before-and-after photos: when they are off-limits
The before-and-after photo is the weight-loss industry’s favorite image. Whether you may use it depends on what you advertise:
- Next to a food: A photo with a weight or time figure is a claim about the rate or amount of weight loss (Art. 2(2)(1) and Art. 12(b) of Regulation (EC) No 1924/2006; Switzerland: Art. 31(1) and Art. 34(4) LIV).
- Within the scope of the HWG: If you advertise a treatment with reference to a disease in Germany, you may not use images that show bodily changes due to diseases in an abusive, repulsive or misleading way outside professional circles (Section 11(1) sentence 1 No. 5 HWG).
- For cosmetic surgery: For plastic surgery without medical necessity – such as purely aesthetic liposuction – before-and-after comparisons are prohibited (Section 11(1) sentence 3 No. 1 HWG). This affects clinics that offer such procedures alongside a weight program.
Our advice: show people cooking, training and talking – what your program is about. That says more than any scale.
Testimonials and endorsements: genuine, verified, no doctor’s seal
- Disclose your checks: If you make reviews available, state whether and how you ensure they come from real customers (Section 5b(3) UWG; Austria: Section 2(6b) UWG). Fake reviews are always prohibited (Annex Nos. 23b and 23c UWG; Austria: Annex Nos. 23b and 23c).
- No doctor’s recommendation for foods: Claims which make reference to recommendations of individual doctors or health professionals are not allowed (Art. 12(c) of Regulation (EC) No 1924/2006; Switzerland: Art. 34(4)(c) LIV). “Recommended by our doctor” next to a food supplement is off-limits – an easy mistake for clinics.
- Within the scope of the HWG: Outside professional circles, advertising with recommendations from scientists or people working in health care is prohibited (Section 11(1) sentence 1 No. 2 HWG), as are statements by third parties if they are abusive, repulsive or misleading (No. 11).
Practical tip: A testimonial about the support differs from one with weight figures. Leave the numbers out – even if the client mentioned them herself.
Obesity and weight-loss shots: disease and medication in advertising
If your clinic also offers medical treatment, the rules get stricter:
- Reference to disease: In Germany, the HWG applies as soon as the advertising refers to the detection, elimination or alleviation of diseases (Section 1(1) No. 2(a) HWG) – for example, a program to treat obesity. The false impression that success can be expected with certainty is then misleading (Section 3 sentence 2 No. 2(a) HWG).
- Foods don’t cure: Food information must not attribute to any food the property of preventing, treating or curing a human disease, and this applies to advertising too (Art. 7(3) and (4) of Regulation (EU) No 1169/2011; Switzerland: Art. 12(2)(c) LGV). Untrue claims that a product can cure illnesses are always prohibited toward consumers (Annex No. 17 UWG; Austria: Annex No. 17 UWG).
- Prescription drugs: In Germany, they may only be advertised to professionals such as physicians and pharmacists (Section 10(1) HWG). Austria prohibits advertising prescription medicinal products to lay people (Section 51(1) No. 1 AMG); Switzerland prohibits advertising medicines available only on medical prescription to the public (Art. 32(2)(a) HMG). So don’t advertise prescription weight-loss drugs to lay people – not even as part of a package.
Where lifestyle programs end and treatment begins is explained in Boundaries: when a physician is needed.
Advertising with genes: tendencies, not destiny
Genes are one factor among many. Writing “your genes determine your weight” overstates the science. More honest – and more motivating: genes show tendencies, for example toward the fat or carbohydrate type, and you derive logical conclusions for the plan.
Switzerland: Public advertising for lifestyle genetic analyses must inform about the rules on ordering, informing the client and communicating the result, and must not mislead (Art. 14(3) GUMG, Art. 4(2) GUMV) – for example, that only authorized health professionals may order the analysis and that the sample is taken in their presence (Art. 34 GUMG). Analyses that provide information on metabolic disorders or diseases count as medical (Art. 37(2) GUMV); advertising them to the public is prohibited; the ban does not apply to the physicians authorized to order them (Art. 14(1) and (2) GUMG). So in Switzerland, talk about eating behavior and lifestyle, not metabolic disorders. More in Advertising genetic tests.
Germany, Austria, Switzerland at a glance
| Question | Germany | Austria | Switzerland |
|---|---|---|---|
| Weight or time figures for foods | not allowed (Art. 12(b) Reg. 1924/2006) | not allowed (Art. 12(b) Reg. 1924/2006) | not allowed (Art. 34(4)(b) LIV) |
| Doctor’s recommendation for foods | not allowed (Art. 12(c)) | not allowed (Art. 12(c)) | not allowed (Art. 34(4)(c) LIV) |
| Advertising prescription weight-loss drugs | professionals only (Section 10(1) HWG) | no advertising to lay people (Section 51(1) No. 1 AMG) | no advertising to the public (Art. 32(2)(a) HMG) |
| Advertising lifestyle genetic analyses | unfair competition law (Section 5 UWG) | unfair competition law (Section 2 UWG) | additional mandatory information (Art. 14(3) GUMG, Art. 4 GUMV) |
Do and don’t: wording compared
General examples – check every statement for your offer and your country.
| Do | Better not | Why |
|---|---|---|
| “We support you with regular appointments and track your progress together.” | “Lose ten pounds in four weeks!” | not allowed for foods (Art. 12(b)); misleading for services if the result is not certain (Section 5(2) No. 1 UWG) |
| “The analysis shows tendencies from which we derive logical conclusions for your plan.” | “With your genetic profile, you are guaranteed to lose weight.” | promise of success; misleading |
| “Glucomannan in the context of an energy restricted diet contributes to weight loss.” (only if all conditions are met) | “This fat burner melts your belly fat.” | only authorized claims (Art. 10(1)); fancy name without a related claim (Art. 1(3)) |
| Lifestyle program coordinated with the treating physician | “Weight-loss shot plus gene test – start now!” | no advertising of prescription drugs to lay people (Section 10 HWG, Section 51 AMG, Art. 32 HMG) |
Checklist before you publish
- No weight or time figures – not in images, stories or comments either.
- For food supplements, only authorized claims with all conditions met; no fancy names that promise more.
- No promises of cure; no advertising of prescription weight-loss drugs to lay people.
- Testimonials are genuine and free of weight figures; no doctor’s recommendation for foods.
- The internal study only in its fixed wording, labeled as internal, linked and never next to a food supplement.
- Switzerland: the mandatory information under Art. 14(3) GUMG and Art. 4 GUMV is included.
- A second person has proofread it – if in doubt, a qualified expert.
Frequently asked questions
Can I advertise how much weight my clients have lost?
Are before-and-after photos prohibited?
Can I mention Novogenia’s internal study in my advertising?
Can a clinic advertise “weight-loss shots”?
Are there any authorized weight-loss claims at all?
Related: Advertising genetic tests · Health claims: what you may advertise · Boundaries: when a physician is needed
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Request a project →Lifestyle analysesNote: 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.