Search advertising for OTC medicines in the United States

OTC promotion still needs substantiated claims

Regulator guidance

Review the authorised or applicable OTC product basis and the advertised uses. FTC health-advertising principles apply to benefit and safety representations; consumer availability does not support every suggested use. Product labelling and the advertisement require separate checks.

Sources: FTC Health Products Compliance Guidance

Match the evidence to the precise advertised benefit

Regulator guidance

Applies when: The claim falls within FTC health-advertising oversight; FDA product-specific requirements also need review.

FTC guidance generally expects randomised controlled human clinical testing for health-benefit claims, with design and quality appropriate to the claim and the scientific field. Animal studies or consumer anecdotes alone do not establish human benefits.

Assess the actual formulation, dose, population and outcome. An ingredient study or a clinically tested claim must not imply a proven finished-product effect that the evidence does not support.

Sources: FTC Health Products Compliance Guidance · FTC Health Products Compliance Guidance, substantiation and amount/type of evidence

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

Control short copy and dynamic assets

Editorial recommendation

Approve keywords, responsive assets, sitelinks and destinations together. Disable combinations that would lose a required qualification. A landing page is not an automatic substitute for information required in the ad itself.

OTC Medicines: prepare the review

Editorial recommendation

Confirm the exact product qualifies for consumer advertising in this country. Match each indication, dosage and safety statement to the current local product information. Obtain the applicable warning wording and format rules before buying space.

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.