CRBM Cannot Ban the Advertising of Aesthetic Services at Massage Clinics

A massage clinic advertised aesthetic services, such as botulinum toxin application, bioplasty, and others. However, the CRMB filed appeals against this action. The result is in: the Federal Regional Court denied the Council's request.

This means that aesthetic biomedical professionals can work in aesthetics in their own clinics or by providing services to other companies. Find out how it all happened in the sections below!

TRF-4 denies the CRBM's appeal

The 5th Region Regional Council of Biomedicine (CRBM) filed an appeal against a facial and body massage clinic in Florianópolis (SC) over its advertising of aesthetic services on social media.

They argued that the advertised activities do not fall among those inherent to biomedicine. At the time, the campaigns mentioned: botox application, bioplasty, lifting threads, among other procedures.

The CRMB issued a notice stating that the establishment would be fined if it continued advertising the services without complying with the applicable resolutions.

The case began in June 2020, when the 2nd Federal Court of Florianópolis (SC) ruled the action partially valid. It thus authorized the CRBM to impose restrictions only if the aesthetic business advertised services directly related to biomedicine.

For example, establishments could not advertise activities such as diagnostics, work on health teams, physical-chemical analyses, radiology and hemotherapy services, among others.

As a result, the CRBM appealed, arguing that the aesthetic procedures performed by the massage clinic, even if minimally invasive, are considered health procedures.

However, the Federal Regional Court (TRF) of the 4th region denied the appeal regarding the advertising of aesthetic services, in a decision by the 3rd Panel. The case's rapporteur, Judge Marga Barth Tessler, upheld the understanding of the sentence:

“The inspected legal entity carries out the activities of a facial and body massage clinic, retail trade in natural foods, and retail trade in cosmetics, so the Regional Council of Biomedicine cannot restrict its activities in this sphere, since such activities do not fall within the list of those inherent to biomedicine”.

The news was published on the TRF-4 website.

Who can advertise aesthetic services

In the CNAE (Brazil's National Classification of Economic Activities) there is number 9602-5/02, which refers to “aesthetic activities and other beauty care services.”

In addition, aesthetic biomedical professionals can have their own clinic, exercising their skills and serving the public, as well as advertising aesthetic services, in accordance with municipal laws.

CNAE 9602-5/02, in turn, refers to Aesthetic Clinics and Similar Establishments, though it is no longer in use. An article on Aesthetic Biomedicine explains this.

Dr. Ana Carolina Puga is the Mother of Aesthetic Biomedicine in Brazil. Recently, during an awards ceremony, she even said that “Aesthetic Biomedicine is here to stay and is recognized by everyone as one of the preferred fields of biomedical professionals”.

What can the aesthetic biomedical professional do?

Biomedical professionals can specialize in aesthetics to work with the procedures. Among them are Injectable Aesthetics, Facial Harmonization, Ozone Therapy, Botulinum Toxin, Fillers, PDO/PRP Threads, Intradermotherapy and Mesotherapy, as well as Microvessels.

Which also means that, for this reason, they can advertise aesthetic services.

To do so, it is important to choose an educational institution that trains the professional in the best way, including the hands-on classes required by the Council of Biomedical Professionals. Currently, hybrid courses are options in these postgraduate programs.

At Nepuga News we have published several accounts of biomedical professionals who specialized through the postgraduate program and had great success in their businesses. Check out some of these stories:

Magda Strieder worked in laboratories and decided to move into aesthetics. Today she is considered the first aesthetic biomedical professional in the entire Far West of Santa Catarina. Learn more.

Mileia Gaia is from Xinguara (PA) and specialized in Goiânia (GO). She now sees her profession, biomedicine, much more valued than when she worked in clinical analysis. Learn more.

Lilia Coutinho is also a biomedical professional from PA who saw her professional life change after specializing in aesthetics. The result is that today she works only part-time. Learn more.

These and other stories of biomedical professionals are available in our Success Storiescategory. All of them prove that it is possible to work in aesthetics within the health field, as long as current guidelines and legislation are followed.

Did you know this about the advertising of aesthetic services by aesthetic biomedical professionals? What did you think of the TRF-4 decision? Leave a comment!

News