In light of recent FDA actions, including their warning to Merz Pharmaceuticals for a misleading Instagram ad, it’s essential for medspa owners to understand the basics of advertising compliance. As medspa services increasingly gain popularity, so does scrutiny from regulatory bodies like the FDA and FTC. While advertising can help attract clients, it must also meet strict compliance standards to avoid legal pitfalls and maintain client trust.
Below is a breakdown of key compliance areas for medspa advertising and where to find official guidelines.
(Note: This post is for informational purposes only and not a substitute for professional legal advice. Consult a legal professional for specific guidance on compliance.)
Understand FDA and FTC Guidelines
The FDA and FTC regulate claims around products and services, especially those with medical benefits.
For example, if your ad suggests that a treatment has certain health benefits, you must back these claims with reliable evidence.
Statements about products, including injectables, must be both truthful and not misleading. Avoid overstatements like “natural” or “better than competitors” unless you can substantiate these claims.
Where to Find Guidelines:
Provide Balanced Information
When discussing the benefits of a treatment, it’s important to also mention any associated risks or side effects. For example, an ad for injectables should clarify potential risks alongside highlighting benefits.
Balanced information helps clients make informed decisions and avoids giving the impression that a treatment is “risk-free.”
Avoid Unverified Health Claims
Claims about the effectiveness or safety of treatments should be based on evidence.
For instance, statements like “reverses aging” or “cures acne” are likely to attract regulatory scrutiny unless they are backed by credible research.
Be cautious with phrases that might imply guaranteed outcomes, such as “proven results,” without disclosing that results can vary.
Don’t Downplay Side Effects
Just as Merz’s ad missed details about potential side effects, it’s essential not to omit information on possible adverse effects. Clients should be aware of the full scope of a treatment, including both the positives and the negatives.
Be transparent about common and rare side effects to set realistic expectations for clients.
Use Testimonials Carefully
Client testimonials are a great marketing tool to attract new clients, but they must reflect typical results and not over-promise. The FTC requires that testimonials be truthful and representative of what most clients can expect.
If results vary widely, include a disclaimer indicating that individual experiences may differ.
Comply with HIPAA When Sharing Client Stories
Any “before and after” photos or client stories shared in marketing materials must comply with HIPAA regulations to protect client privacy.
Obtain written consent (verbal alone is not enought) from clients before using their images or personal experiences in your advertising.
Where to Find Official Guidance on Compliance
For medspa owners seeking to delve deeper into advertising compliance, here are some resources:
FDA’s Center for Drug Evaluation and Research: Offers guidelines on promotional materials for drugs and biologics, which can be relevant if you advertise injectables.
FTC’s Business Center: Provides a variety of resources on advertising best practices, specifically around health claims.
Your State’s Medical Board: State boards may have additional advertising regulations for licensed professionals, especially concerning medical procedures.
Final Thoughts
Advertising in the medspa industry requires more than catchy language; it requires a careful balance of promoting services honestly and following regulatory guidelines. Misleading advertising can harm both your clients and your practice’s reputation, so it’s worth the time to review your materials carefully.
While this post provides general information, we highly recommend consulting with a legal professional or compliance expert to ensure that your advertising aligns with all applicable regulations. By keeping your ads transparent and accurate, you’ll be able to grow your practice while maintaining the trust of your clients.
