Texas adds 4 state rules for agencies and in-house marketing teams

These are the Texas rules whose wording is about patient quotes, reviews, endorsements, tracking and audience targeting. They run when Texas is selected in the checker.

1. CG-TEX-002 · Warns · Citation checked against stored text

   Texas lists advertising that contains a testimonial as an example of false, misleading or deceptive health care advertising. Copy that features patient testimonials falls inside that list. The rule is aimed at licensed professionals, so this is a warning.

   Source: Tex. Occ. Code 101.201 (advertising that contains a testimonial is listed as misleading, subsection (b)(4))

   Safer wording: Remove patient testimonials from advertising by Texas-licensed health professionals, or have counsel confirm they are not covered before you run them.

   Tex. Occ. Code 101.201 · Needs counsel review

2. CG-TEX-010 · Warns · Citation checked against stored text

   Texas deceptive trade law lists as misleading any claim that goods or services have an approval, certification, sponsorship or status they do not have. Approval and endorsement claims in health ads are only lawful if true, and the ad alone cannot show that, so this is a warning.

   Source: Tex. Bus. & Com. Code 17.46 (misrepresenting sponsorship, approval, status or certification of goods or services, subsections (b)(2) and (b)(5))

   Safer wording: Keep proof of every approval, clearance or endorsement claim and name exactly what was approved, for example the specific device or drug, not the clinic.

   Tex. Bus. & Com. Code 17.46 · Needs counsel review

3. CG-TEX-015 · Warns · Citation checked against stored text

   A Texas Medical Board rule lists providing a testimonial without a disclaimer about the credentials of the person giving it, and without a disclosure of any compensation given for it, as false, deceptive or misleading physician advertising. No compensation disclosure appears in this copy.

   Source: 22 Tex. Admin. Code 164.3(b)(3) ("a disclosure of compensation provided in exchange for the testimonial")

   Safer wording: If any testimonial runs, state who the speaker is and that they have no medical credentials unless they do, and disclose any payment, gift or discount given for it. Check Tex. Occ. Code 101.201 as well, which lists testimonials separately.

   22 Tex. Admin. Code 164.3 · Needs counsel review

4. CG-TEX-018 · Warns · Citation checked against stored text

   A Texas Medical Board rule lists failing to disclose that an advertisement, article or infomercial is a paid for presentation as false, deceptive or misleading physician advertising. Advertorial or sponsored content with no paid-for label is the usual form.

   Source: 22 Tex. Admin. Code 164.3(b)(7) ("failing to disclose that the advertisement, article, or infomercial")

   Safer wording: Label the piece clearly as a paid advertisement, for example Paid for by and the practice name, at the top of the piece.

   22 Tex. Admin. Code 164.3 · Needs counsel review

None of our sample wording triggers a Texas rule, so no example is shown. The rules above are still part of the set.

92 federal and general rules matched to agencies and in-house marketing teams run next to the Texas ones. The ones that weigh most:

1. 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

2. 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

3. 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

4. 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

Everything for the industry is on the agencies and marketing teams page, and all Texas rules for any industry are on the Texas page.