Key Takeaways
- Marketing claims can create legal risksHealthcare practices must ensure advertising accurately reflects treatments, products, and expected patient outcomes.
- Physicians remain responsible for their marketingUsing an outside agency does not eliminate the need to review promotional content for accuracy and compliance.
Healthcare Marketing Compliance: Why Accurate Claims Matter
Misleading marketing claims can put dermatology practices at risk of patient complaints, reputational damage, and regulatory scrutiny. In Vol. 2026, Issue 4 of Currents, the quarterly member publication of the American Society for Dermatologic Surgery (ASDS), Jackson LLP Managing Partner Erin K. Jackson examines how dermatologists can promote their services without spreading misinformation or creating unrealistic patient expectations.
Erin’s article focuses on dermatology, but similar concerns apply to medical practices across many specialties. Whether promoting a cosmetic procedure in a med spa, describing a treatment, or sharing patient testimonials, practices should ensure their marketing claims are accurate and evidence-based and do not create unrealistic expectations.
The Legal Risks of Healthcare Marketing
Many independent practices depend on marketing, but claims about treatments, products, and results require careful attention. Statements that exaggerate benefits, minimize risks, or promise specific outcomes can create problems even without intent to mislead.
In dermatology, these concerns may arise when a practice advertises cosmetic procedures, promotes skin care products, or discusses treatments for medical conditions. Before-and-after photographs and patient testimonials also deserve scrutiny if they suggest that results are typical or guaranteed.
Misleading content can undermine patient trust, damage a practice’s reputation, and prompt complaints or regulatory scrutiny. Physicians may also face professional consequences when advertising violates applicable licensing requirements.
These concerns extend beyond dermatology. Other specialties face similar questions when promoting treatments, describing expected outcomes, or using patient experiences to market their services.
Reviewing Marketing Content Before Publication
Many practices rely on marketing agencies, social media managers, and copywriters to develop content. These professionals may understand marketing strategy, but they may not fully understand the clinical details of a treatment or the rules governing healthcare advertising.
Physicians should maintain an appropriate review process, even when marketing is outsourced. Before approving content, practices should consider whether claims are accurate, supported by reliable evidence, and presented with enough context to avoid misleading prospective patients. This is also true when practices use AI to generate content.
Federal agencies, including the Federal Trade Commission and the Food and Drug Administration, regulate certain health-related marketing claims. State laws, such as the Illinois Right of Publicity Act, may also require physician advertising to meet certain standards. Which rules apply depends on the content and circumstances.
With a careful review process, practices can identify concerns before publication rather than respond after a patient complaint or regulatory inquiry.
How Can I Learn More?
ASDS members and other subscribers with access to the publication can find Erin’s article in Currents, Vol. 2026, Issue 4, pages 52 and 53.
Healthcare practice owners with questions about advertising claims, marketing compliance, or related legal concerns can contact Jackson LLP to discuss potential next steps. We work with healthcare professionals and practice owners in California, Illinois, New York, Texas, and Wisconsin.Â
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Frequently Asked Questions About Healthcare Marketing
Can healthcare marketing create legal risks for a practice?
Yes. Misleading claims about treatment effectiveness, safety, or expected results may expose a practice to complaints, regulatory scrutiny, or professional consequences.
Is a physician responsible for content created by a marketing agency?
Yes. Outsourcing marketing does not eliminate the need for physician oversight. Practices should review promotional content for clinical accuracy and compliance before publication.
When should a practice seek legal review of its marketing?
Consider legal review when making claims about treatment effectiveness, safety, or guaranteed results, or when questions arise about advertising rules and professional requirements. Addressing concerns before publication can reduce avoidable risk.
