Are Your Ads Putting You on the Regulator’s Radar?
Medical spas, telehealth clinics, and pharmacies often take to advertising to gain customers. A medical spa practice attorney at Innova Health Law can help your business remain in compliance with rules regarding advertising.
There are numerous bodies that have regulatory authority who may be reviewing your advertising. If your advertising runs afoul of rules, it could result in serious consequences, perhaps even costing you your license. It is vital that you work ahead of time to ensure that all of your advertising is compliant before you release it to the public.
Stay on the right side of the law and regulation by speaking with a medical spa practice attorney at Innova Health Law. Attorney Matthew R. Ludowig can help you take a proactive approach to advertising compliance.
The recent proliferation of compounded medications has placed businesses in competition with each other to gain patients. Many businesses have begun advertising, whether it is on the internet or on television. There are strict regulations that govern these advertisements and what medical spies are able to say. If these are not followed, regulators may take enforcement action that could result in serious consequences for a medical spa business.
Who May Be Paying Close Attention to Your Advertising
There are several entities that may be keeping a close eye on the content of your medical spa advertising. These ads may be subject to regulation from the following:
- The Federal Trade Commission (which regulates truth in advertising)
- State medical boards
- State attorneys general, who are tasked with taking action against deceptive advertising
Competitors often complain about advertising, especially when they know that it results in your getting business. In addition, regulators may also review advertising that they see, whether it is on social media or in any other form.
Red Flags That Can Draw Scrutiny
Regulators are looking for a number of red flags in your advertising that can include:
- Misleading claims that can include guaranteed results or falsely claiming FDA approval for certain treatments
- Improper use of titles, such as implying that someone is a doctor when they are not, or wrongfully claiming that they are certified by a certain board
- Inaccurate representation of pricing, such as offering a free consultation that really costs money
- Offering patient testimonials without the proper disclaimers or disclosures that they are paid influencers
- Content that is dictated by management services organizations who are not allowed to have a role in the corporate practice of Medicine
Each state has its own regulations that apply to advertising. Medical Spa advertisements are covered by these rules. You cannot rely on the rules of one state if you advertise in more than one area. Instead, you must be intimately familiar with the advertising regulations in every jurisdiction where you advertise.
Things can get very difficult for your medical spa business once regulators begin an active investigation based on your advertising. This investigation can unfold over a prolonged period of time. Regulators can request a large volume of information from your business for their review. They will scrutinize advertising that your business has placed in many mediums. Regulators could also conduct interviews with many of your employees and others related to your business. The end result could range from a cease and desist letter to potential large fines, and even the loss of your license.
How a Medical Spa Practice Lawyer Can Help You
Remember that anything that you put into the public realm about your medical spa business can be reviewed by regulators. The best way to avoid any issues regarding your advertising is to contact an experienced medical spa practice lawyer. They can help you by doing the following:
- Review all of your advertisements, either before you place them, or as part of overall larger audit
- Draft and review agreements that you have with social media influencers
- Make sure that you understand all of the relevant advertising rules and how they affect your medical spa practice
- Coordinate with marketing agencies to ensure that all of the rules are followed
- Help you take corrective action and response to any enforcement action or cease and assist letters
It is easier to be proactive and focus on compliance than it is to be reactive and have to defend against an enforcement action. One proactive step that you can take is getting legal help today for your medical spa advertising.
Contact a Medical Spa Practice Law Firm
Protect your medical spa practice by getting legal help from an experienced attorney at Innova Health Law. We offer free case discovery sessions to prospective clients, and you can schedule one by filling out an online contact form or by calling us today at (281) 936-9904.