An Advertising Claims Checklist for Telehealth Brands

Before a telehealth ad runs, check five things: that every outcome claim is substantiated for typical patients, that drug claims match what the product actually is, that nothing promises a prescription or easy access, that reviews and endorsements are real and disclosed, and that subscription terms are clear before payment. Each has an enforcement record behind it.

This is an operational checklist, not legal advice. Have counsel review campaigns for regulated products.

1. Can you prove every outcome claim?

The FTC Act prohibits deceptive advertising, and health claims need competent and reliable scientific evidence, as the FTC's December 2022 Health Products Compliance Guidance explains.

• Weight lost, symptoms relieved, sleep improved: is there evidence for your program and product, not a different drug's clinical trial?
• "Results may vary" does not cure a claim that typical patients do not achieve.
• Before-and-after photos imply typical results. Use them only if they are typical, or disclose clearly what typical patients experienced.
• Time claims ("in 30 days") need the same evidence as size claims.

2. Do drug claims match the product?

• Compounded drugs. Do not imply FDA approval or equivalence to an approved brand, and do not show your company's name on a label for a product a pharmacy compounds. FDA's warning letters to telehealth companies in September 2025, March 2026 and June 2026 cited exactly these practices under sections 502(a) and 502(bb) of the Food, Drug, and Cosmetic Act. See marketing after FDA's warning letters.
• Approved drugs. Claims about an approved prescription drug should match its labeling, including risk information.
• Off-label uses. Advertising an unapproved use of a drug raises separate FDA and state concerns. Avoid it in ads.
• Brand names. Using a manufacturer's trademark to sell something else invites both FDA and trademark claims.

3. Does anything promise a prescription or easy access?

A clinician decides whether to prescribe after an evaluation. Ads should never imply otherwise.

• No "get approved," "guaranteed," "no visit needed" or "skip the doctor."
• No speed promises for controlled substances. The Justice Department's case against Done Global described more than $40 million spent on social media advertising that promoted easy access to stimulants. See the Done Global case.
• State the evaluation: "A licensed clinician will review your history and decide whether treatment is appropriate."
• Do not imply care is available in states where you are not licensed.

4. Are reviews, testimonials and endorsements real and disclosed?

• The FTC's Endorsement Guides (16 CFR part 255) require disclosure of material connections, such as payment or free product, and that endorsements reflect honest opinions.
• The FTC's rule on consumer reviews and testimonials (16 CFR part 465), effective in 2024, prohibits fake reviews, buying reviews conditioned on sentiment, and suppressing negative reviews.
• Patient testimonials can also be patient health information. Get a HIPAA authorization where HIPAA applies, and consent under state health data laws.
• Clinician endorsements must reflect the clinician's actual views, and many state medical boards have their own advertising rules for licensees.

5. Are subscription terms clear before payment?

• The Restore Online Shoppers' Confidence Act requires clear disclosure of material terms before billing, express informed consent, and a simple way to stop recurring charges.
• The FTC's "click-to-cancel" amendments to its Negative Option Rule were vacated by the Eighth Circuit on July 8, 2025, but ROSCA and state automatic renewal laws still apply.
• The FTC's 2024 order against Cerebral included about $5.1 million in refunds tied to cancellation practices.
• Show the full price, the renewal interval, and how to cancel on the checkout page.

And the data behind the ad?

An ad that performs because of a pixel on your intake page creates a privacy problem, not just a marketing win. See tracking pixels on telehealth sites.

Which claims cause the most trouble in practice?

A handful of lines account for much of the risk: a price shown without the membership that comes with it, a weight-loss figure borrowed from a brand-name drug's trial, "doctor-approved" on a page where nurse practitioners do most visits, and a state map that shows coverage the clinician roster does not support. Each is easy to fix before launch and expensive to explain afterward.

How should review work in practice?

• A written claims library: every approved claim, its substantiation, and the date approved.
• Medical director sign-off on clinical claims; compliance sign-off on drug, access and subscription claims.
• Affiliates and influencers get the library and nothing else, and their content is monitored.
• Archive every ad and landing page version with the dates it ran.

Claims review is part of our Service-Line Pivot Package ($3,950) and our Launch Blueprint ($4,950). See pricing.