Legally and Creatively Marketing in the Healthcare Industry

These are the Federal Food, Drug, and Cosmetic Act and the Food and Drug Administration regulations that govern the safety, effectiveness, labeling, and promotion of drugs, medical devices, cosmetics, and food products. They also set standards for clinical trials, post-market surveillance, and adverse event reporting.

These are the Federal Trade Commission Act and the Federal Trade Commission regulations that prohibit unfair or deceptive acts or practices in commerce, including in healthcare advertising. They also require disclosure of material information, substantiation of claims, and protection of consumer privacy.

We can help you:

• Create ads that use clear and conspicuous language that is easy to understand by the average consumer

• Avoid making exaggerated or unsubstantiated claims that could mislead or confuse consumers

• Provide all the material information that consumers need to make informed decisions, such as fees, rates, terms, conditions, risks, and benefits

• Disclose any limitations or restrictions that apply to your offers or promotions, such as eligibility requirements, expiration dates, or availability

• Correct any errors or inaccuracies in your ads as soon as possible (and keep them updated if there are regulatory shifts)

This is the Health Insurance Portability and Accountability Act Privacy Rule that establishes national standards to protect individuals’ medical records and other personal health information. It also gives individuals rights to access, amend, and control their health information, and limits the use and disclosure of such information by covered entities.

This is a proposed bill that aims to ensure that patients receive accurate health care information by prohibiting misleading and deceptive advertising or representation in the provision of health care services. It also requires the identification of the license of health care professionals.