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False or misleading health claims can put your practice at risk. Here’s how to review your content before you hit publish.
We’ve all seen it: social media posts, websites, or YouTube videos pushing “miracle cures” or discounting evidence-based care. While many of these come from individuals without scientific training, licensed healthcare professionals have also played a role in spreading false information online.
Digital platforms have become a significant source of health misinformation, with unverified content often going viral before clinicians can respond. Whether intentional or not, this kind of information can put patients at risk and create legal exposure for your practice.
So what exactly qualifies as misinformation? And how can you promote your practice without crossing the line?
The Hallmarks of Medical Misinformation
Medical misinformation generally refers to “any health-related claim of fact that is false based on current scientific consensus.” In short, it’s information presented as fact, but lacking evidence. A clear example would be claiming to cure cancer using supplements alone.
But not all cases are so obvious. Some healthcare professionals defend questionable claims by arguing that science evolves, and that they’re simply engaging in debate. After all, even children learn that scientific conclusions can change with new data.
Whether a statement qualifies as false or misleading depends on the topic, the way it’s shared, and where it appears. But legally, “commercial speech,” such as your website, social media posts, or newsletters, has stricter standards.
When evaluating whether your content is legally compliant, ask:
- Is the claim false?
- Is it misleading?
- Can I back it up with evidence?
If the answer to any of those is unclear, you may be spreading misinformation and exposing yourself to risk.
Watch for red flags like relying on personal anecdotes, overstating results, or leaving out important risks or limitations. Terms like “cure” or “guaranteed” often trigger legal scrutiny and require strong evidence. Even accurate claims can mislead if they’re pulled out of context or paired with dramatic visuals or testimonials.
Bottom line: Before you hit publish, run your content through the same lens you’d use when evaluating a patient’s treatment plan. Is it accurate, clear, and supported by evidence? If not, it may be safer to revise or leave it out.
Consequences of Spreading Misinformation
We have all watched as healthcare professionals spread misinformation with seemingly little fallout. Nonetheless, many other professionals have lost their licenses or faced steep fines. Enforcement tends to fall into two categories:
Discipline by Licensing Boards
Many licensing boards prohibit false or misleading statements under their professional conduct rules. Some are updating these rules to reflect the speed and volume of misinformation shared online. For instance, the American Medical Association has issued directives underscoring physicians’ responsibility to address medical and public health misinformation.
Still, enforcement can be slow. Boards may lack the resources to monitor digital content, or they may hesitate due to concerns about First Amendment protections.
Even so, discipline does happen. In one case, Illinois regulators suspended a chiropractor’s license for promoting unapproved stem cell treatments for conditions like neuropathy. The treatments lacked FDA approval and credible scientific backing. The state found that the chiropractors’ statements were misleading and violated professional standards. The licensee accepted a 45-day suspension, a $20,000 fine, required coursework, and four years of probation.
Action by Federal Agencies
Outside your licensing board, other agencies also regulate misinformation.
The Federal Trade Commission (FTC) enforces rules against deceptive or misleading commercial speech. The FTC Act bans “unfair or deceptive acts or practices in or affecting commerce,” which includes unsubstantiated health claims.
For example, in 2024, the FTC filed a complaint against telehealth company Southern Health Solutions, Inc. (doing business as NextMed) for making unsubstantiated weight loss claims. The company said its members lost an average of 53 pounds, or 23 percent of their body weight. But the FTC found that NextMed didn’t track users’ starting weights, prescriptions, or how long they used the medications. Without this information, the company had no way to support its claims.
The FTC and FDA have issued numerous warning letters to individuals and businesses who market unproven treatments, especially for financial gain. During the COVID-19 pandemic, the FTC announced 120+ such letters. In some cases, the Department of Justice (DOJ) or state attorneys general have pursued additional action.
For example, in 2023, a federal court ordered the makers of Balance of Nature supplements to stop producing and selling their products after they promoted unapproved treatments for conditions such as cancer and diabetes. The FDA had previously warned the company about these claims and later found widespread problems with its manufacturing and labeling practices. The order required the companies to demonstrate compliance with federal standards before resuming operations.
For more details on the kinds of claims that can trigger FTC enforcement actions, see our related article, “Tread Carefully With Promises and Claims—or Face the FTC’s Wrath.”
Watch Your Marketing, Even If It’s Outsourced
If you use a copywriter or marketing consultant, you’re still responsible for the content they create. Unlicensed professionals may not understand your clinical specialty or the legal limits on what can be said.
Even if you have a marketing or communications team, it’s your license on the line. You should review everything before it goes public and ask yourself if the claim can be supported with credible evidence or could mislead someone unfamiliar with your field. If you can’t answer with confidence, don’t post it.
See our related article, “Hiring Marketing Help: How to Avoid Missteps That Endanger Your Practice.”
Get Legal Support
Do you need help reviewing your advertising or other materials? Or have you already received a warning letter about advancing misinformation? Consider speaking with a healthcare attorney who understands your field and can help reduce your risk. If you operate in one of the states where we have licensed attorneys, you can schedule a consultation to talk through your options.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
