Compliance Issues for Medical Fitness Centers, Gyms, and Wellness Centers – Part 3

As gyms and medical fitness centers expand the services and products they offer and depend more on physician referrals and doctor employment, compliance review becomes a must.

Healthcare lawyer and FDA lawyer, What’s the difference?

Some of the common questions that come up on health and wellness industry.

FTC Revised Online Endorsement Guidelines – Part Two

Makers of health care products and health care providers need to understand the FTC guidelines on soliciting endorsements, affiliate marketing, employee endorsements, and permissible testimonials [...]

FTC Revised Online Endorsement Guidelines

Answers to commonly asked questions about the new Federal Trade Commission (FTC) endorsement guidelines.

Off-Label Promotion Has Legal Limits

While recent legal developments have loosened legal strictures around truthful, non-misleading, off-label promotion of drugs, there are legal limits to an off-label promotion strategy. Here [...]

Is an online healthcare services directory a medical referral service?

Is an online directory of healthcare centers a medical referral service? We’ve had several online directories of healthcare services ask us what legal rules govern their operation. Below we [...]

FTC tackles native advertising and sponsored content

FTC tackles native advertising and sponsored content in an Enforcement Policy Statement on Deceptively Formatted Advertisements.

Dietary supplement legal review could save your company

If you want to sell healthcare products online, the legal hurdles can be steep. 

Dietary Supplements, Cosmetics, Medical Devices – Why Substantiating Claims Matters

Substantiating claims matters whenever you bring a dietary supplement, cosmetic (or skin care product), or medical device to market - why?

4 Ways to Minimize the Risk of an FDA, FTC or Private Plaintiff, Healthcare Fraud Label When Marketing Healthcare Products

Whenever you market a healthcare product, beware of potential FDA and FTC enforcement as well as private plaintiffs who can sue for false advertising, unfair competition, deceptive and misleading [...]

The Next Healthcare Revolution is Inside You: Wearable Health Tech Legal & Regulatory Issues Will Astound Us

If you want to know where the next healthcare revolution will come from, look inside. Physical medicine becomes virtual medicine, becomes mobile healthcare, becomes wearable health and then [...]

Herbal Supplements Investigated for Misbranding and Adulteration

New York's Attorney General initiated the investigation against major retailers of herbal supplements, based on DNA testing of plant materials suggesting contaminants, and mislabeling; was the [...]

Weight Loss Products FTC Weighs In

You could burn 50 calories just by reading this blog post. Or not. But if you sell a weight loss product with false, deceptive, and misleading claims, you'll burn a lot more calories when the [...]

Do HCG Weight Loss Products Work? FTC Cracks Down on Homeopathic HCG Drops

Recently a physician called me, raving about HCG for weight loss, letting me know he recommends HCG to all his obese patients, because he lost over 150 pounds on HCG. "The scientific evidence is [...]

How to Piss Off the FTC After Offending the FDA

If you want to know how not to offend the FDA and FTC sequentially, here's an instructive lesson about a company that has gotten a big regulatory bruise.

Marketing “wearable caffeine” can get you in trouble with FTC, the regulatory watchdog over advertising

The Federal Trade Commission (FTC) has proposed to settle charges with two marketing companies promoting "shapewear garments" with "slimming claims for caffeine-infused products." FTC vigorously [...]

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe–Part 5: Marketing Your Neurofeedback Practice—Legal Issues in Case Studies

How do you market an emerging healthcare practice, without running afoul of regulatory walls, from federal and state advertising law to licensing laws, and the law governing unfair business practices?

FTC Releases “.com Disclosures: How to Make Effective Disclosures in Digital Advertising”

The FTC's guidance for digital (online) advertising applies to all business advertising on websites, mobile phone applications, or anywhere online (i.e., including on Facebook, smartphones, etc.).

Does the FDA Regulate Mobile Apps Designed for Health and Wellness?

Health and wellness mobile apps and online programs raise a variety of legal and regulatory issues that require legal expertise in structuring a health education or healthcare products or [...]

FTC Statement to Congress on Deceptive Marketing of Dietary Supplements

The FTC Statement to Congress on Deceptive Marketing of Dietary Supplements is a good place to begin to understand legal compliance issues regarding marketing