News & Analysis as of

Telehealth Advertising

Quarles & Brady LLP

A Prescription for Caution: Senators Release Investigative Report on Direct-To-Consumer Telehealth Models

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On July 17, the offices of Senators Durbin (D. IL.), Warren (D. MA.), Sanders (I. VT.), and Welch (D. VT.) (collectively, “Senators”) released a report summarizing the results of a nine month investigation into...more

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

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This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

Foley & Lardner LLP

Telehealth Companies and Social Media Influencers May Face New FDA Laws

Foley & Lardner LLP on

On February 20, 2025, U.S. Senators Dick Durbin (D-IL) and Roger Marshall, M.D. (R-KS) introduced bipartisan legislation, the Protecting Patients from Deceptive Drug Ads Act (the Act), which closes perceived “legal loopholes”...more

Polsinelli

Monday Morning (Advertising) Quarterback – Unprecedented Hims & Hers Super Bowl Ad Has Legislators Concerned

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The Super Bowl is not just the biggest game of the year for football fans, but it is also one of advertising’s biggest nights. Therefore, the FDA lawyers at Polsinelli were not only tuned in to root for the Kansas City Chiefs...more

Rivkin Radler LLP

New York and Connecticut Prohibit Geofencing near Health Care Facilities

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New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

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The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

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On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Holland & Knight LLP

Lessons Learned from FTC Enforcement Action Against BetterHelp

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The Federal Trade Commission (FTC) is on a roll in its efforts to signal to the digital health industry that data privacy must be a priority. The FTC announced a consent decree with BetterHelp on March 2, 2023, to settle...more

Orrick, Herrington & Sutcliffe LLP

FTC bans health vendor from sharing consumer info with advertiser

On February 1, the DOJ filed a complaint on behalf of the FTC against a telehealth and prescription drug discount provider for allegedly violating the FTC Act and the Health Breach Notification Rule by failing to notify...more

Hogan Lovells

Meta ban on health-targeting ads will soon restrict clinical trial recruiters

Hogan Lovells on

A new ban on “Detailed Targeting” options for advertisers on Facebook and other Meta-owned social media platforms – which includes restricting marketing based on “health causes” – takes effect January 19, and may make it more...more

McDermott Will & Emery

[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers...more

Epstein Becker & Green

FDA PDMA Guidance in Response to COVID-19 Pandemic

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The FDA has issued the Temporary Policy on Prescription Drug Marketing Act Requirements for Distribution of Drug Samples During the COVID-19 Public Health Emergency.  The Prescription Drug Marketing Act of 1987 (PDMA)...more

Buchalter

State Law Obstacles to the National Distribution of eHealth Medical Devices Directly to Consumers

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The latest and greatest eHealth medical devices directed to consumers are technologically advanced and consumer-friendly. They have the capacity to diagnose certain health conditions and generate treatment plans and...more

Buchalter

Technology Industry Newsletter - October 2015

Buchalter on

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

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