Industry rules

Agencies and marketing teams: 149 matched rules, 48 that block approval

The checker matches 149 rules to agencies and in-house marketing teams by what the rules are about: patient quotes, reviews, endorsements, tracking and audience targeting. 3 rules that block elsewhere only warn on clinical service copy, so 48 block here. Most sit under state law (48), patient quotes and reviews (29) and regulatory status (15). State rules reach 33 states, and Texas has the most (4). Ad platform policy adds 10 rules that name 14 platforms.

The numbers for this industry

149

Matched rules

92 federal, 47 state, 10 platform

Block approval

3 more only warn for this copy

276

Shared rules

Run on all health copy, not listed here

State and platform pages

Only where the gate is met

Where the matched rules sit

State law48
Patient quotes and reviews29
Regulatory status15
Patient privacy14
Platform policy10
Efficacy and proof9
Outcome statistics9
Offers and pricing4
Absolute promises3
Disease claims3
Superiority3
Replaces care1
Research recruitment1

Rules that weigh most for agencies and in-house marketing teams

Federal and general rules first, blocking before warning, citations checked against stored text before the rest. Rules with their own page link there.

CG-EFF-014 · Blocks approval · Citation checked against stored text
Claims of instant, one-visit or universal results, or of working where all else fails, promise outcomes no clinic can substantiate.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Remove the promise of speed or certainty. Say what the service is and that results vary.
16 CFR Part 255 · Needs counsel review
CG-FTC-001 · Blocks approval · Citation checked against stored text
Buying or selling fake followers, likes, subscribers or views that misrepresent influence for a commercial purpose is an unfair or deceptive practice under the FTC's consumer reviews rule. It applies to anyone who sells them and to a business that buys them.
Source: 16 CFR 465.8 ("Purchase or procure fake indicators of social media influence that they knew or should have known to be fake")
Safer wording: Grow followers and ratings from real people. Remove the offer, or the purchased numbers, from the page.
16 CFR 465.8 · Needs counsel review
CG-INF-001 · Blocks approval · Citation checked against stored text
A free product, a commission or a code is a material connection that must be clearly disclosed, and a before-and-after claim by a paid endorser needs proof and a typical-results statement.
Source: FTC Endorsement Guides, 16 CFR Part 255; FTC Rule on Consumer Reviews and Testimonials, 16 CFR Part 465; FTC Act section 5
Safer wording: Put a clear disclosure of any payment, gift or commission at the start of the post, and remove unproven results claims.
16 CFR Part 255, 16 CFR Part 465 · Needs counsel review
CG-OIG-001 · Blocks approval · Citation checked against stored text
Paying or rewarding anyone for referring patients or for each prescription can violate the federal anti-kickback statute, and paying influencers without disclosure violates endorsement rules.
Source: federal anti-kickback statute, 42 U.S.C. 1320a-7b; OIG Special Fraud Alert on telemedicine arrangements; FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Remove payments tied to referrals or prescriptions. Pay marketers a fixed fee for services set in advance, and require clear disclosure of any paid endorsement.
16 CFR Part 255, 42 U.S.C. 1320a-7b · Needs counsel review
CG-OIG-101 · Blocks approval · Citation checked against stored text
OIG warns that a Medicare Advantage plan paying doctors or their office staff, in gift cards or in kind, to refer or recommend patients for enrollment can violate the federal anti-kickback statute and steer people into plans that do not fit them. CMS also bars a provider acting for a plan from accepting compensation for marketing or enrollment. Applies to plan sponsors, agents and providers.
Source: OIG Special Fraud Alert (December 2024) on suspect payments in marketing arrangements related to Medicare Advantage and providers, part II; 42 CFR 422.2266(d)(1)(ix); 42 U.S.C. 1320a-7b
Safer wording: Do not pay or reward providers or their staff for recommending a plan or for enrollments. Describe plans on their merits and tell people they can compare plans at medicare.gov.
42 CFR 422.2266, 42 CFR 422.2266(d)(1)(ix), 42 U.S.C. 1320a-7b · Needs counsel review
CG-PRV-003 · Blocks approval · Citation checked against stored text
A reply that confirms or implies the reviewer was a patient discloses protected health information, even if they posted first.
Source: HIPAA Privacy Rule, 45 CFR 164.502(a); HHS OCR guidance on responding to online reviews
Safer wording: Reply generically and take it offline, for example: We take all feedback seriously. We cannot discuss any individual's care here; please call our office.
45 CFR 164.502(a) · Needs counsel review
CG-PRV-007 · Blocks approval · Citation checked against stored text
Patient images and "real patient" material need written authorization and fair representation of results.
Source: HIPAA Privacy Rule, 45 CFR 164.508(a)(3); FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Confirm signed authorization for each image and story, and keep it with the record.
45 CFR 164.508(a)(3), 16 CFR Part 255 · Needs counsel review
CG-PRV-008 · Blocks approval · Citation checked against stored text
Sharing, selling or tracking health information, health-related location or purchase history for marketing, especially without consent, is regulated by HIPAA, the FTC Health Breach Notification Rule and state consumer health data laws.
Source: HIPAA Privacy Rule, 45 CFR 164.508(a)(3); FTC Health Breach Notification Rule, 16 CFR Part 318; FTC Act section 5
Safer wording: Do not describe sharing or selling health data for advertising, and do not use health-based location or purchase targeting. If any use is lawful, get separate consent and let counsel write the disclosure.
45 CFR 164.508(a)(3), 16 CFR Part 318 · Needs counsel review
CG-PRV-010 · Blocks approval · Citation checked against stored text
A reply or public post that addresses a named person about their treatment, medication, chart or visits discloses protected health information. Even a reply to a review who posted first may not confirm or discuss their care.
Source: HIPAA Privacy Rule, 45 CFR 164.502(a); HHS OCR enforcement on responses to online reviews
Safer wording: Reply generically without confirming the person was a patient or mentioning any care. Take the conversation offline.
OCR enforcement on responses to online reviews, HHS OCR enforcement on responses to online reviews, 45 CFR 164.502(a) · Needs counsel review
CG-PRV-012 · Blocks approval · Citation checked against stored text
Tracking people's health information or behavior to profile their conditions and target them, or feeding intake and appointment data to ad platforms, is health-data sharing that HIPAA, the FTC and state health-privacy laws restrict.
Source: HIPAA Privacy Rule, 45 CFR 164.508(a)(3); FTC Health Breach Notification Rule, 16 CFR Part 318; FTC Act section 5
Safer wording: Do not describe tracking or profiling patients or visitors by health condition. Keep health data off ad-platform pixels and get separate consent for any lawful use.
45 CFR 164.508(a)(3), 16 CFR Part 318 · Needs counsel review

What the checker flags

Sample wording we wrote to test these rules, run through the real engine at build time. The rule ids, reasons, sources and safer wording are the rule-set's own.

Patient quote · actual checker output2 claims flagged

"I lost 40 pounds and cured my diabetes!" Real patient, paid to say so.

Blocks approvalCG-TRA-001Also matches CG-TRH-003, CG-TRI-001, CG-TRK-004, CG-RAF-003, CG-STA-002, CG-DIS-001, CG-DIS-016, CG-TES-002
Saying a product or service cures, reverses, clears or removes a named disease, or that a condition goes away or vanishes, is an unapproved drug and treatment claim that is not backed by evidence.
Source. FDCA 201(g)(1) and 201(h); FTC Act section 5, deceptive health claims; FTC Health Products Compliance Guidance (2022)
Safer wording. Remove the disease and cure claim. Describe what the service actually does, cite substantiation for any outcome, and never promise a condition will go away.
Blocks approvalCG-PRV-007
Patient images and "real patient" material need written authorization and fair representation of results.
Source. HIPAA Privacy Rule, 45 CFR 164.508(a)(3); FTC Endorsement Guides, 16 CFR Part 255
Safer wording. Confirm signed authorization for each image and story, and keep it with the record.

Engagement giveaway · actual checker output2 claims flagged

Like and share to win free Botox. Results guaranteed.

Blocks approvalCG-TRJ-007Also matches CG-TRB-006, CG-PLT-002, CG-TRJ-002, CG-OFF-007
A free health service that is conditioned on insurance information or a paid treatment is not free, and social-media contests for medical procedures are restricted inducements.
Source. FTC Guide Concerning Use of the Word Free, 16 CFR Part 251; FTC Act section 5; state medical board and prize-promotion rules
Safer wording. State every condition next to the word free, or drop it. Do not run prize drawings that give away medical procedures.
WarningCG-ABS-015Also matches CG-ABS-001
A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.

Where it changes by state and platform

8 pages below meet the gate: at least 6 applicable rules and at least 3 that belong to that state or platform alone.

Next step

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