Medical aesthetic products. New York privacy law designed to protect citizens, not models’ commercial interests, says judge

THE WHAT? A New York court has ruled that a model will not be able to proceed with a lawsuit against a series of online retailers, including Walmart, Amazon and Ulta Beauty, which charged the e-commerce platforms with displaying her photograph without her permission, according to a report published by Reuters.

THE DETAILS The images in question featured model Patty Ratermann shot for Quickframe and destined to be used on Instargram. The images were later used to promote Avene skin care products on the websites named as defendants. Ratermann claimed that her deal with QuickFrame did not cover the use of the imagery by retailers such as Amazon, Walmart and Ulta.

THE WHY? The judge agreed with the defendants’ argument that New York’s privacy laws does not protect a property interest in an image and were designed to protect citizens from having their identity used for someone’s commercial gain.

Medical aesthetic products refer to a category of products used in the field of medical aesthetics, which combines medical practices with cosmetic procedures to improve the appearance of individuals. These products are typically used under the supervision of trained medical professionals such as dermatologists, plastic surgeons, or specialized nurses. They are distinct from over-the-counter cosmetics in that they often contain higher concentrations of active ingredients or require medical expertise for their application.

Examples of medical aesthetic products include:

• Dermal Fillers: Injectable substances used to restore volume, fill wrinkles, and enhance facial contours. These may include hyaluronic acid fillers like Juvederm or collagen-stimulating fillers like Sculptra.

• Botulinum Toxin (Botox): Injectable neurotoxins used to temporarily paralyze facial muscles, reducing the appearance of wrinkles and fine lines caused by facial expressions.

• Chemical Peels: Solutions containing chemical exfoliants like glycolic acid, salicylic acid, or trichloroacetic acid, used to improve skin texture, treat acne scars, and reduce hyperpigmentation.

• Laser and Light Devices: Equipment used for various skin treatments, including hair removal, skin resurfacing, tattoo removal, and treatment of vascular and pigmented lesions.

• Prescription Skincare Products: Formulations containing active ingredients such as retinoids (e.g., tretinoin), hydroquinone, or prescription-strength antioxidants, designed to address specific dermatological concerns under medical supervision.

• Microneedling Devices: Devices that create tiny punctures in the skin to stimulate collagen production and improve skin texture and elasticity.

• Cosmeceuticals: High-quality skincare products that bridge the gap between cosmetics and pharmaceuticals, often containing biologically active ingredients with proven efficacy.