Television advertising for aesthetic treatments in the United States

Patient data require a separate HIPAA analysis

Regulator guidance

For HIPAA covered entities and business associates, marketing uses or disclosures of protected health information generally require the individual’s HIPAA authorisation, subject to the rule’s definitions and exceptions. Do not assume an ordinary mailing-list opt-in is a compliant HIPAA authorisation.

HHS identifies face-to-face communications and nominal-value promotional gifts as specific exceptions. If marketing involves qualifying third-party remuneration, the authorisation must disclose it. Assess these conditions separately from the advertising claim and any state law.

HIPAA does not cover every wellness business or health app. Its inapplicability does not establish permission under other privacy laws.

Sources: HIPAA Privacy Rule: Marketing · HHS marketing guidance; 45 CFR 164.508(a)(3)

California: verify the licence behind a telehealth offer

Regulator guidance

Applies when: California physician telehealth route; other states and statutory exceptions require separate analysis.

For the California route described by the Medical Board, the physician needs a current California licence even when residing elsewhere, and the standard of care is the same as for in-person medicine. A nationwide website or remote consultation technology does not establish permission to treat patients in every state. Identify the patient location and applicable licence before advertising availability.

Sources: California physician telehealth requirements

Review implied claims as well as literal wording

Regulator guidance

FTC guidance assesses the overall impression of health advertising. Hold appropriate scientific evidence before publication; an honest testimonial does not substitute for evidence of the advertised result. Treat imagery and omitted qualifications as part of that assessment.

Sources: FTC Health Products Compliance Guidance

Washington health data may be regulated outside HIPAA

Regulator guidance

Applies when: Processing within the scope of Washington’s My Health My Data Act.

Where Washington’s My Health My Data Act applies, collection generally needs purpose-specific consent unless necessary for a requested product or service; sharing requires a distinct consent unless the necessary-service exception applies. Review applicability and exemptions by data and activity, rather than assuming HIPAA status clears advertising tracking. Regulated entities must prominently link a separate consumer health data privacy policy from the homepage.

Sources: Washington consumer-health-data collection and sharing; My Health My Data Act — scope and FAQ

Review the broadcast execution

Editorial recommendation

Confirm product eligibility for public broadcast and the applicable broadcaster code and clearance process. Review warning timing, speech and image together; internet-video approval does not automatically cover television.

State expected results instead of relying on a generic disclaimer

Regulator guidance

FTC guidance says an honest endorsement can still mislead. When a testimonial communicates exceptional results, a generic results-not-typical disclaimer does not cure the impression; disclose the results consumers can generally expect and substantiate the underlying claim.

Sources: FTC Health Products Compliance Guidance · FTC Health Products Compliance Guidance, consumer testimonials and expert endorsements

Aesthetic Medicine & Cosmetic Procedures: prepare the review

Editorial recommendation

Separate the procedure, clinic, device, cosmetic and prescription medicine in the offer. Check restrictions on injectables and other products even when the headline advertises a consultation. Review realistic outcomes, risks, patient images and time-limited offers.

Keep a traceable campaign decision

Editorial recommendation

Keep one review record linking the offer, local market status, claim evidence, exact creative, media settings and any regulatory or professional clearance. Record who checked each condition. Reopen the review when the offer, claim, source rule or execution changes.