Cosmetic Surgery: Commercial Communications Now Subject to Regulation
Long awaited since 2023, Decree No. 2026-891 of 23 September 2026 defines the commercial communications promoting cosmetic surgery facilities that are prohibited.
The Decree covers all forms of communication, regardless of the medium used, intended to promote, directly or indirectly, the services or image of an establishment. Websites, social media, advertising campaigns, editorial content and prospecting activities must therefore now be examined carefully.
Two categories of commercial communication are prohibited:
1. Unfair commercial communications within the meaning of the French Consumer Code
The Decree expressly refers to Articles L. 121-1 to L. 121-7 of the French Consumer Code. Commercial communications constituting unfair commercial practices within the meaning of these provisions are prohibited, including misleading and aggressive commercial practices.
The list of practices concerned is extensive, and litigation relating to unfair commercial practices is abundant.
The prohibition therefore covers, in particular, communications likely to mislead the public regarding the nature or characteristics of a procedure, the expected results, the price, the establishment’s commitments or the practitioner’s qualifications.
The Decree also expressly identifies two categories of unfair, and therefore prohibited, communications:
Communications that create confusion with surgical procedures performed for therapeutic purposes;
Communications that guarantee the results of a procedure.
2. Communications likely to encourage minors to undergo cosmetic surgery
The Decree prohibits commercial communications:
That encourage minors to believe that cosmetic surgery procedures meet a healthcare need for minors;
That feature or depict minors, or individuals whose appearance clearly suggests that they are minors;
That feature or depict personalities or characters associated with children’s or teenagers’ interests;
That are targeted at minors or particularly appealing to them, notably because of their visual, audio, verbal or written elements.
Practical implications
All commercial communications must be prepared with particular attention to:
The wording used;
The images, visuals and sound effects included;
The presentation of results;
Whether the content could be particularly appealing to minors.
The Decree entered into force on 26 September 2026. It applies not only to future communications but also to those already published online.
What are the penalties?
Breaches may result in several types of sanctions:
Administrative sanctions: withdrawal of the authorisation granted to the cosmetic surgery facility;
Disciplinary sanctions: possible disciplinary proceedings against the practitioners concerned;
Criminal penalties: those applicable to unfair commercial practices.
Another change introduced by the Decree
The validity period of authorisations granted to cosmetic surgery facilities has been extended from five to seven years.
However, this provision applies only to authorisations issued or renewed on or after 26 September 2026.
To read Decree No. 2026-891 of 23 September 2026:
